1 2025:CGHC:454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8759 of 2024 Bhupesh Kumar Kurre S/o Ubhayram Kurre Aged About 22 Years R/o Lawan Road, Ward No. 7, Post- Ahilda, P.S.- Lawan, Distt.- Balodabazar- Bhatapara, C.G. (Name of Father, Age, and Complete Address Not Mentioned In The Order Sheet) ... Applicant versus State of Chhattisgarh Through The Police of Excise Circle Palari, (Not Mentioned In The Cause Title of Order Sheet), Distt- Balodabazar- Bhatapara, Chhattisgarh ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 65/2024 registered at Police Station- Excise Circle 2 Palari, District - Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 20.11.2024, on the basis of information received from the informant the Police of Excise Circle Palari confiscated 32.04 bulk liters of foreign made liquor (goa whisky) from the applicant at road through village Chherkapur to Binauri road (beside a pond) and on the basis of which the applicant was arrested by the Police of Excise Circle Palari for the alleged offence punishable under Sections 34(2) of the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has no previous criminal antecedent. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 20.11.2024. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years 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 opposes the bail application. She further submits that total 32.04 bulk liters of foreign made liquor (goa whisky) has been seized from the possession of the present applicant and the charge-sheet has been filed, 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 and the fact that the applicant has no previous criminal antecedent, the charge-sheet has been filed and he is in jail since 20.11.2024. Further, the conclusion of the trial may take some more time, 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. Let the applicant- Bhupesh Kumar Kurre, involved in Crime No. 65/2024 registered at Police Station- Excise Circle Palari, District Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 34(2) of the 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 BNS. (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 BNS. (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 Preeti