1 2025:CGHC:442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8672 of 2024 Jiwan Prakash Minj S/o Luthru Minz Aged About 46 Years R/o Village Kadamha Khar, Manikpur, Chauki-Manikpur, Thana Kotwali District Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh OP-Manikur, Thana-Kotwali Korba, District Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 500/2023 registered at Police Station Kotwali, Korba, District Korba (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that the police of Police Station Kotwali, Korba, District Korba (C.G.), has received a secret 2 information from the informant and on the basis of said information, raid was conducted and seized 51 liters of handmade liquor from the possession of the present applicant. Thereafter, the case was registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and 51 liters of hand made mahua was not seized from the exclusive possession of the applicant. He further submits that the present applicant has 03 criminal antecedents under the Excise Act for which he has already been given explanation in the present bail application. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 30.11.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State 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 03 criminal antecedents under the Excise Act, which shows that the applicant is a habitual offender. As such, the present applicant is not entitled for grant of regular bail. 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 and 3 the further the fact that the present applicant has 03 criminal antecedents for which he has already been given explanation in the present bail application. Moreover, the fact that the charge-sheet has been filed before the competent Court and he has been in jail since 30.11.2024 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. 7. Let the applicant – Jiwan Prakash Minj, involved in Crime No. 500/2023 registered at Police Station Kotwali, Korba, District Korba (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, 4 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, 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek