1 2025:CGHC:47808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7203 of 2025 Ram Niwas Rawat S/o Sube Lal Rawat (wrongly written as Sugeram Rawat) Aged About 25 Years R/o Nirawali, Police Station Purani Chhawani, Gwalior (M.P.) (Description of the applicant written as second page of order sheet) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Supela, District Durg (C.G.) ... Respondent For Applicant : Shri Jitendra Gupta, 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 Supela, District Durg (C.G.) for the offence punishable under Section 34(2) of Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.19 17:34:58 +0530 2 2. Case of the prosecution, in brief, is that on 04-06-2025, the police of Police Station Supela, District Durg (C.G.) have received the secret information and on the basis of said information, raid was conducted and recovered total 414 bulk liter illicit liquor from the vehicle bearing Registration Number DL-07/CG-6775 and another vehicle bearing Registration Number CG-07/AX-8919, therefore the police has registered offence against the present applicant and other co-accused persons and filed the charge sheet before the concerned Court 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely been implicated in the present case and the liquor has not been seized from the possession of present applicant, which was seized from the open place. He would submit that applicant is in jail since 04-06-2025 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. He would submit that 414 bulk litres of illegal liquor has been recovered from co-accused Shourya Singh and not from the present applicant and the applicant 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, considering the fact that 414 bulk litres of illegal liquor has been recovered from co- accused Shourya Singh and not from the present applicant, charge 3 sheet has been filed in this case, period of detention of the applicant since 04.06.2025, 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- Ram Niwas Rawat, involved in Crime No.654/2025 registered at Police Station Supela, District Durg (C.G.) for the offence punishable under Section 34(2) of 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 shall initiate proceedings against him, in accordance with law, 4 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