1 2025:CGHC:45654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7137 of 2025 Deepesh @ Deepak Verma S/o Ganesh Verma Aged About 20 Years R/o Vill. Nathunawagaon Ward No. 09, Police Chowki Tumdibod, Tah. - Dongargaon, District : Rajnandgaon, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Chowki Tumdibod, District : Rajnandgaon, Chhattisgarh ... Respondent For Applicant : Shri Rakesh Kumar Thakur, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.258/2025 registered at Police Station Police Chowki Tumdibod, District : Rajnandgaon, Chhattisgarh for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.10 11:33:24 +0530 2 the offence punishable under Section 34(2) of C.G. Excise Act & sections 39/192 (1), 130(3)/177 of M.V. Act. 2. Case of the prosecution, in brief, is that on 02/06/2025 (As per chargesheet) an information was received on telephone at police chowki Tumdibod, Dist. Rajnandgaon that a white car has met with an accident nearby pond of village Jhitiya to Pendarwani road, upon searching the car bearing reg. по. C.G.-08-K-5570, it was found that the persons travelling in the car had ran away, also four sealed cartoons were found containing 200 country made liquor bottles of 180 ml. each, total amounting 41.40 litres. However, the present applicant has been made accused only on the basis of memorandum statement of co-accused Rekhlal Sahu. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and there has been absolutely no seizure of any liquor from the possession of the applicant and the alleged liquor was not seized from the exclusive possession of the applicant, while it was seized from the abandoned vehicle. He would submit that the present applicant has been made accused only on the basis of the memorandum statement of the co- accused Rekhlal Sahu. He would submit that the applicant has two criminal antecedents under the Excise Act, one is disposed of and one is pending. He would submit that charge sheet has been filed in this case, the applicant is in jail since 08/06/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. Learned counsel for the State/non-applicant would oppose the bail application and he would submit that total 41.40 bulk litres of liquor was recovered from the car. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, applicant has been made accused only on the basis of the memorandum statement of the co-accused, applicant has two criminal antecedents under the Excise Act, one is disposed of and one is pending, charge sheet has been filed in this case as stated by learned counsel for the applicant at bar, applicant is in jail since 08/06/2025 and also considering the fact that conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant - Deepesh @ Deepak Verma, involved in Crime No.258/2025 registered at Police Station Police Chowki Tumdibod, District : Rajnandgaon, Chhattisgarh for the offence punishable under Section 34(2) of C.G. Excise Act & sections 39/192 (1), 130(3)/177 of M.V. Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. 5 If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri