1 2025:CGHC:407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8456 of 2024 1 - Sachin Koshle S/o Bugul Koshle Aged About 24 Years R/o Village Ahilda P.S. Lawan, District Balodabazar Bhatapara Chhattisgarh. 2 - Pusau Bande S/o Dileep Bande Aged About 36 Years R/o Village Ahilda P.S. Lawan, District Balodabazar Bhatapara Chhattisgarh. .. Applicants versus State of Chhattisgarh Through P.S. Excise Circle Balodabazar, District Balodabazar Bhatapara Chhattisgarh. ... Non-Applicant For Applicants : Mr. Premshankar Yadav, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, 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. 83/2024, registered at Police Station : Excise Circle Balodabazar, District : Balodabazar-Bhatapara, (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 : Excise Circle Balodabazar, District : Balodabazar- Bhatapara, (C.G.), received an information from the informant and 2 on the basis of the said information conducted a raid and seized 43.2 bulk liters of goa special whiskey 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. He submits that the charge-sheet has been filed before the competent Court and the present applicants have no criminal antecedents. He 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 20.11.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of regular bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has not been filed. He further submits that from the joint possession of the present applicants 43.2 bulk liters of goa special whiskey 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 which is taken on record and they have been in jail since 20.11.2024 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, Sachin Koshle and Pusau Bande, involved in Crime No. 83/2024, registered at Police Station : Excise Circle Balodabazar, District : Balodabazar-Bhatapara, (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 4 the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 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