1 2025:CGHC:47809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7087 of 2025 Shourya Singh (Wrongly Mentioned As Shorya Singh ) S/o Deepak Singh Aged About 18 Years Resident Of 13-A Road No.25, Sector-7 Civic Center Bhilai Tahsil And District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Outpost- Smriti Nagar Police Station Supela, District- Durg (C.G.) ... Respondent For Applicant : Shri Rudra Pratap Dubey, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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.654/2025 registered at Police Station Outpost- Smriti Nagar, Police Station-Supela, District- Durg (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.19 17:34:59 +0530 2 Section 34(2) of Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 02.06.2025 the Police of Outpost Smriti Nagar, P.S.-Supela has received information through informant to the effect that one person has brought foreign liquor in car for sale. On the basis of said information, the police personnel has conducted raid and recovered 6 cartoons foreign liquor from vehicle no. DL-07/CG-6775 and 40 cartoons foreign liquor from Innova Car bearing registration no. CG-07/AX-8919 from the possession of applicant and co-accused Tulsiram Sethiya & Ramnivas Rawat. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He would submit that the alleged liquor has not been recovered from exclusive possession of the applicant and only on the basis of suspicion, the present applicant has been roped in this case. He would submit that charge sheet has been filed, applicant is in jail since 02.06.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that 414 bulk litres of illegal liquor has been recovered from the possession of present applicant and he has no criminal antecedents. 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, charge sheet has 3 been filed in this case, period of detention of the applicant since 02.06.2025, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, 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- Shourya Singh, involved in Crime No.654/2025 registered at Police Station Outpost- Smriti Nagar Police Station-Supela, District- Durg (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise 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:- (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 4 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. 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri