1 2025:CGHC:4252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8248 of 2024 • Kuleshwar Pandey S/o Jeevan Pandey, Aged About 20 Years, R/o Near Sunil Kirana, Kailash Nagar, Birgaon, District - Raipur, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Urla, District - Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For State/Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.0339/2024, registered at Police Station Urla, District - Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that the police has received information through informant during patrolling that on the date of incident, the unknown person has kept illegal liquor to sale, and police has seized 5.400 bulk liters country made liquor in his possession at PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.24 16:26:18 +0530 2 open place and the applicant did not produce any document of seized liquor and hence, police has registered a case for offence punishable under Section 34(2) of the Excise Act against the applicant and hence, this bail application is being preferred before the Hon'ble Court. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. He submits that the applicant has previous antecedents, however, they are old and stale and charge-sheet has been filed and no further investigation is required. He is in jail since 05.11.2024 and trial is likely to take some time for its conclusion. He further submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that though the charge-sheet has been filed, however, there are seven criminal antecedents of the applicant, therefore, the applicant is not entitled to be released on bail. 5. Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the applicant has previous antecedents, however, they are old and stale and further that the charge-sheet has been filed and no further investigation is required, the applicant is in jail since 05.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Accordingly, the bail application is allowed. Let applicant, Kuleshwar Pandey, involved in Crime No.0339/2024, registered at Police Station Urla, District - Raipur (C.G.) for the offence punishable under Section 34(2) of the 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 his 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 4 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 his in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti