1 / 3 2025:CGHC:47510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7441 of 2025 1 - Arun Khadiya S/o Giri Khadiya, Aged About 33 Years R/o Village Gudgahan, P.S. Jutmil, Raigarh, Tah. Pusour District Raigarh (C.G.) 2 - Giri Khadiya S/o Chandro Khadiya, Aged About 55 Years R/o Village Gudgahan, P.S. Jutmil, Raigarh, Tah. Pusour District Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Mr. Sakib Khan, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.09.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 191/2025, registered at Police Station : Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 34(2) & 59(A) C.G. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.16 18:30:24 +0530 2 / 3 Excise Act. 2. The prosecution story in brief is that on 30.05.2025, Police Station Jutmil received secret information, pursuant to which 25 liters of liquor was seized from the present applicants. On the basis of the said incident, the complainant lodged. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in the instant case. A copy of the First Information Report is annexed herewith. It is further submitted that there are no specific allegations against the applicants. The applicants are poor, have no criminal antecedents, and have been in jail since 30.05.2025. Therefore, learned counsel prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of the offence levelled against the present applicants, moreover, the fact that the charge-sheet has been filed before the competent Court and applicants have no criminal antecedents and they are in jail since 30.05.2025, conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let applicants, Arun Khadiya & Giri Khadiya, involved in Crime No. 3 / 3 191/2025, registered at Police Station : Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 34(2) & 59(A) C.G. Excise Act., be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure them 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 applicants 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 them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav