1 2025:CGHC:115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8925 of 2024 Subhan Beg S/o Gulam Beg, Aged About 32 Years R/o Bareth Para, Khairagarh, Tahsil Khairagarh, District Khairagarh - Chhuikhadan - Gandai (K.C.G.), Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police of Police Chhuikhadan (Wrongly Mentioned as Khairagarh), District Khairagarh - Chhuikhadan - Gandai (K.C.G.), Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. The applicant 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. 267/2024, registered at Police Station : Chhuikhadan, District Khairagarh - Chhuikhadan - Gandai (K.C.G.), (C.G.) for the offence punishable under Section 34(1)(B), 35 & 59(A) of the C.G. Excise Act and Section 318(4), 336(3), 340(2), 3(5) of Bhartiya Nyay Sanhita. 2 2. The case of the prosecution, in brief, is that on 06.09.2024, the police of Police Station : Chhuikhadan, District Khairagarh - Chhuikhadan - Gandai (K.C.G.), (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 3.060 bulk liters of illicit liquor worth Rs. 1530/- and cash amount of Rs. 110/- from the possession of the present applicant. During the investigation, the liquor was found to be duplicated the memorandum of other co-accused persons have been recorded and thereafter further section of Excise Act and B.N.S. Act have been added against the other co-accused persons and the memorandum of present applicant has been recorded and the applicant has been arrested along with other co-accuse persons. It was further alleged that other co-accused persons have also running liquor factory. Thereafter, Police has registered against the present applicant along with other co-accused. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that the present applicant has 07 criminal antecedents out of which 06 cases are under the IPC in which he has been acquitted and another one is enlarged on bail. He further submits that the applicant is only knowing to the co-accused persons as they are residents of same village therefore the present applicant has been arrested, and the applicant has been in jail since 18.09.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He submits that the present applicant has 07 criminal antecedent under the IPC. He further submits that from the possession of the present applicant 3.060 bulk liters of illicit liquor worth Rs. 1530/- and cash amount of Rs. 110/- were seized, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 present applicant has 07 criminal antecedents out of which 06 cases are under the IPC in which he has been acquitted and another one is enlarged on bail and also considering the fact that the charge-sheet has been filed and he has been in jail since 18.09.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Subhan Beg, involved in Crime No. 267/2024, registered at Police Station : Chhuikhadan, District Khairagarh - Chhuikhadan - Gandai (K.C.G.), (C.G.) for the offence punishable under Section 34(1)(B), 35 & 59(A) of the C.G. Excise Act and Section 318(4), 336(3), 340(2), 3(5) of Bhartiya Nyay Sanhita, 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 4 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 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan