1 2025:CGHC:406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8450 of 2024 1 - Nitish Kumar S/o Ajay Dhruw Aged About 21 Years R/o Village Mandeli P.S. Magarload District Dhamtari, Chhattisgarh. 2 - Somprakash S/o Ganesh Ram Dhruw Aged About 20 Years R/o Village Mandeli P.S. Magarload District Dhamtari, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Panduka, District : Gariyabandh, Chhattisgarh. ... Non-Applicant For Applicants : Ms. Khushbu Sahu, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 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. 169/2024, registered at Police Station : Panduka, District : Gariyabandh, (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station : Panduka, District : Gariyabandh, (C.G.), received an information from the informant and on the basis of the said 2 information conducted a raid and seized 16.500 bulk liters of country made kachchi liquor from the joint possession of the present applicants. Thereafter, Police has registered an offence punishable under Section 34(2) of the C.G. Excise Act against the present applicants. 3. It is argued by the learned counsel for the applicants that the applicants are falsely implicated in this case. She submits that the present applicants have no criminal antecedents. She further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicants have been in jail since 29.10.2024 and the trial is likely to take some time for its conclusion, therefore, she prays grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that from the joint possession of the present applicants 16.500 bulk liters of country made kachchi liquor was seized, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the present applicants have no criminal antecedents and also considering the fact that the charge-sheet has been filed 3 and they have been in jail since 29.10.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Let applicants, Nitish Kumar and Somprakash, involved in Crime No. 169/2024, registered at Police Station : Panduka, District : Gariyabandh, (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in 4 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 applicants are 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 Rahul Dewangan