1 2025:CGHC:417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8572 of 2024 Lakhan Lal Jangade S/o Salik Ram Jangade, Aged About 22 Years R/o Parsadakhurd, P.S.- Sakti, District-Janjgir-Champa Now Sakti (C.G.) (Detail of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus State of Chhattisgarh Through- Station House Office, Police Station- Excise Circle Sakti, District-Sakti (C.G.) ... Non-applicant For Applicant : None. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 14.09.2024. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to 2 the applicant who has been arrested in connection with Crime No. 343/2024 registered at Police Station Excise Circle Sakti, District Sakti (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 4. Case of the prosecution, in brief, is that the police of Police Station Excise Circle Sakti, District Sakti (C.G.), has received a secret information from the informant and on the basis of said information, raid was conducted and seized 30 liters of country made liquor from in-front of the house of the present applicant. Thereafter, the case was registered against the present applicant. 5. Learned State counsel opposed the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant has 02 criminal antecedents out of which 01 case is under the Excise Act and another case is under the Gambling Act, which shows that the applicant is a habitual offender. As such, the present applicant is not entitled for grant of regular bail. 6. I have heard learned counsel appearing for the State and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the further the fact that the present applicant has 02 criminal antecedents out of which 01 case is under the Excise Act and another case is under the Gambling Act, which are stated to be pending cases. Moreover, the fact that the charge-sheet has been 3 filed before the competent Court and he has been in jail since 14.09.2024 and 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. 8. Let the applicant – Lakhan Lal Jangade, involved in Crime No. 343/2024 registered at Police Station Excise Circle Sakti, District Sakti (C.G.), for the offence punishable under Section 34(2) of the C.G. 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 4 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, 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. 9. 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 Abhishek