1 2025:CGHC:4262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 22 of 2025 1. Anand Kerketta @ Maycle S/o Fransis Kerketta Aged About 32 Years R/o Ward No.60 Katul Board, Durg, Thana- Mohan Nagar, Durg, District- Durg (C.G.) 2. Dakeshwar Singh Verma @ D.K Son Of Bhagwat Prasad Verma Aged About 28 Years R/o Ward No.07, Kohka, Bhilai, Thana Vaishali Nagar, Durg, District-Durg(C.G.) ... Applicants versus • State of Chhattisgarh Through Station House OfÏcer, Police Station, Keshkal, District-Kondagaon (C.G.) ... Non-Applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.01.2025 1. It transpires from the record that vide an order dated 07.01.2025, applicant No. 2, namely, Dakeshwar Singh Verma has been granted bail by this Court and as the criminal antecedents of applicant No. 1, Anand Kerketta @ Maycle was not available on that day, the matter was adjourned for two weeks. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.24 16:26:17 +0530 2 2. Today, the matter is listed for hearing on the bail application of applicant No. 1, Anand Kerketta @ Maycle. 3. The applicant No. 1- Anand Kerketta@ Maycle has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 101/2024, registered at Police Station : Keshkal, District – Kondagaon, (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 4. The case of the prosecution, in brief, is that the police of Police Station : Keshkal, District – Kondagaon, (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 252 bulk liters of foreign liquor from the joint possession of the present applicants. Thereafter, Police has registered an offence punishable under Section 34(2) of Chhattisgarh Excise Act against the present applicant. 5. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. She submits that the charge-sheet has been filed before the competent Court and the applicant No. 01, namely, Anand Kerketta has 10 criminal antecedents, out of which 07 cases are disposed of, in one case he has been acquitted and other two cases are pending. The explanation of the same has been annexed in covering memo of this bail application. She further that co-accused, namely, Dakeshwar Singh Verma @ D.K has already been granted bail on 07.01.2025. Further, the charge-sheet has been filed. She further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 10.08.2024 and the trial is likely to take some time for its 3 conclusion, therefore, he prays grant of regular bail. 6. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. She further submits that the present applicant has 10 criminal antecedents. She also submits that from the joint possession of the present applicants 252 bulk liters of foreign liquor was seized, therefore, he is not entitled for grant of bail. 7. I have heard learned counsel for the parties and perused the case-diary. 8. 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 No. 01, namely, Anand Kerketta @ Maycle is having 10 criminal antecedents, out of which 07 cases are disposed of, in one case he has been acquitted and other two cases are pending and co-accused, namely, Dakeshwar Singh Verma @ D.K has already been granted bail by this Court vide order dated 07.01.2025, the charge-sheet has been filed and the present applicant is in jail since 10.08.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the applicant No. 1, namely, Anand Kerketta @ Maycle. 9. Let the Applicant No.1 – Anand Kerketta @ Maycle, involved in Crime No. 101/2024, registered at Police Station : Keshkal, District – Kondagaon, (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, be released on bail on furnishing 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 4 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 him 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 court shall initiate proceedings against him, 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. 10. 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