1 2025:CGHC:49451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7812 of 2025 Durgesh Yadav @ Billa S/o Hemant Yadav Aged About 24 Years R/o Infront Of Galaxy Heights Sheetla Nagar Borsi P.S- Padmanabhpur District Durg (C.G) ... Applicant versus State Of Chhattisgarh Through District Magistrate (C.G.) SHO Police Station Padmanabhpur District- Durg (C.G.) (Particular Of The Applicant Is Not Properly Mentioned In The Impugned Order Which Is Being Mentioned As Per FIR) ... Respondent For Applicant : Shri Avinash Chand Sahu, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/09/2025 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.254/2025 registered at Police Station Padmanabhpur, Durg (C.G.) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.26 17:15:40 +0530 2 for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that a secret information was received on 24.07.2025 that a person was possessing illegal liquor in Padmanabhpur based on the information the applicant was surrounded and duly searched and 33 quarters of country made liquor total of 5.94 bulk litres in a white sack were recovered from his possession and therefore the above offence has been registered against him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 5.94 bulk litres country made liquor was not seized from the exclusive possession of the applicant. 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. He submits that the applicant has four criminal antecedents, out of which one case under the Excise Act is disposed of, one more case under the IPC is disposed of and rest two cases under the IPC are pending. He would submit that the applicant is in jail since 24/07/2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has four criminal antecedents which has been explained in para 4A of the bail application. He further submits that 5.94 bulk litres country made liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 3 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 and gravity of allegation levelled against the applicant, considering the fact that quantity of liquor seized from the possession of applicant is 5.94 bulk litres country made liquor, he is in jail since 24/07/2025, charge-sheet has been filed and further the conclusion of the trial may take some more time, therefore 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- Durgesh Yadav @ Billa, involved in Crime No.254/2025 registered at Police Station Padmanabhpur, Durg (C.G.) for the offence punishable under Section 34(2) of 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 4 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, 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri