1 2025:CGHC:4255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8837 of 2024 Dayal Tahalwani S/o Dularam Tahalwani Aged About 50 Years R/o Ward No. 04, Jangle Para Nagari, District Dhamtari, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Nagari, District Dhamtari, Chhattisgarh. ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.01.2025 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. 97/2024 registered at Police Station Nagri, District Dhamtari (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act against the present applicant. 2. Case of the prosecution, in brief, is that police of Police Station Nagri, District Dhamtari (C.G.), has received a secret information from the informant and on the basis of said information, raid was conducted ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.24 17:34:51 +0530 2 and seized 24 pieces of country made plain liquor, 03 pieces of Icon Goa, one piece of M’cdowel No. 01 containing 180 ml in each, total 5.040 bulk liters. The article liquor and cash amounting of Rs. 11,00/- from the possession of the applicant. Thereafter, the aforesaid case was registered against the present applicants. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 24 pieces of country made plain liquor, 03 pieces of Icon Goa, one piece of M’cdowel No. 01 containing 180 ml in each, total 5.040 bulk liters of liquor were not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has 06 criminal antecedents out of which in 05 cases he has already been acquitted and 01 case is still pending. 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 present applicant has been in jail since 04.12.2024 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, opposes the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court and submits that the present applicant has 06 criminal antecedents under the Excise Act, which shows that the present applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and further, it transpires from the order sheet dated 17.12.2024 and 08.01.2025, twice the time being granted to the State Counsel to file the charge-sheet but the same has not yet been submitted, moreover, the applicant has 06 criminal antecedents out of which in 05 cases he has already been acquitted and 01 case is still pending and the applicant is in jail since 04.12.2024 and 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. 7. Let the applicant – Dayal Tahalwani, involved in Crime No. 97/2024 registered at Police Station Nagri, District Dhamtari (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act against the present applicant, 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 sufÏcient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 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 sufÏcient 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. OfÏce 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