2025:CGHC:376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7847 of 2024 Makhan Lal Banjare S/o Manohar, Aged About 36 Years R/o Village - Sakreli Kala, Police Station- Baradwar, District- Sakti Chhattisgarh ---- Applicant Versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Baradwar, District- Sakti Chhattisgarh --- Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 274/2024 registered at Police Station – Baradwar, District – Sakti (C.G.), for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.06 18:37:52 +0530 2 2. The case of prosecution in brief, is that on 25.10.2024, as per secret information received from the informant that the present applicant has kept illicit mahua liquor from his house situated at Village - Sakreli Kala. Upon such basis, the police conducted a raid and have seized 5 liters of Kachchi Mahua kept in yellow colour plastic jericane and 2 liters of Kachchi Mahua kept in a bottle of sprite, thus total quantity of Kachchi mahua liquor was 7 bulk liters from the possession of the present applicant. Thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and no recovery has been made from his exclusive possession. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and in the present case, charge-sheet has been filed before the competent Court and the applicant has three criminal antecedents out of which, one case is under the Gambling Act of the year 2018, one Ishtagasa and one case is under the Excise Act of the year 2023, are still pending, which have been clearly explained through covering memo, he is in jail since 25.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel, appearing for the State would oppose the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has three criminal antecedents out of which, one case 3 is under the Gambling Act of the year 2018, one Ishtagasa and one case is under the Excise Act of the year 2023, are still pending, which shows that the applicant is a habitual offender, therefore, the applicant is not entitled for grant of bail. 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 that the applicant has only 01 criminal antecedent under the Excise Act, which is still pending. Moreover, the fact that the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 25.10.2024, conclusion of trial will take sometime, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Makhan Lal Banjare, involved in Crime No. 274/2024 registered at Police Station- Baradwar, District- Sakti (C.G.), for the offence punishable under Section 34(2) of the 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 remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (ii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 proclamation under Section 84 of BNSS. is issued and the applicant fail 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. If in the opinion of the trial court absence of the applicant is deliberated or without sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.- - Sd/-/-/- Sd/- (Ramesh Sinha) Chief Justice Ashish/Abhishek