1 2025:CGHC:10925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 525 of 2025 Rishabh Masih S/o Sanjay Masih Aged About 29 Years R/o Village Ganeshpur Police Station Simga District Balodabazar Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through SHO Police Station Simga District - Balodabazar - Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 05/2025, registered at Police Station Simga District - Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. Case of the prosecution, in brief, is that on 03.01.2025, a secret information was received by inspector of Police Station Simga, District Balodabazar - Bhatapara (C.G) that present applicant has stored illegal liquor and during investigation it was found that in one piece of yellow colour plastic bottle and one piece of white colour plastic bottle of 20 liter capacity each and one piece of 5 liter plastic bottel in which hand made Mauha Liquor was stored and Total 45 bulk liter hand made Mahua liquor worth rupees 9000/- was recovered from the possession of the present applicant. It is alleged that applicant is the owner of the seized liquor and then notice under Section 94 of B.N.S.S has been given to the accused but no valid documents has presented by the accused and on this basis the above the police has registered the case against present applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the instant case, nothing has been seized from the present applicant. The applicant has been arrested only on the basis of doubt that the above hand made mahua liquor was for selling purpose. He further submits that so far as criminal antecedents of the applicant is concerned, though he has seven previous criminal antecedents, but out of the seven, he has already been acquitted in four of the cases, which has been elaborately mentioned in para 4(A) of the bail application. Lastly, the applicant is languishing in jail since 03.01.2025, though the charge- sheet has already been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 3 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that applicant has seven previous criminal antecedents, which itself shows that the applicant is a habitual offender. 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, quantity of liquor seized and the fact that so far as criminal antecedents of the applicant is concerned, though he has seven criminal antecedents, but out of the seven, he has already been acquitted in four of the cases, charge-sheet has already been filed, he is in jail since 03.01.2025 and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 7. Let applicant, Rishabh Masih, involved in Crime No. 05/2025, registered at Police Station Simga District - Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 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 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 accordance with law, under Section Section 209 of 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 applicants are deliberate or without sufÏcient 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. OfÏce 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 Preeti