1 2025:CGHC:8672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8954 of 2024 Rajkumar Nishad S/o Rajaram Nishad Aged About 45 Years R/o Ward No. 32, Vijay Nagar, Avanti Vihar, Police Satation- Khamhardih, District- Raipur, C.G. ... Applicant(s) versus State Of Chhattisgarh Through- Excise Circle Ganj, District- Raipur, C.G. ... Respondent(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2025 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.223/2024, registered at Police Station Excise Circle Dipka, District Korba (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in a nutshell is that the applicant was caught in possession of one black blue colour bag containing 115 piece ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.20 12:01:55 +0530 2 quarter country made Masala and one white plastic bag was having bag about 35 piece quarter liquor Masala Jammu Special each capacity of 180 ML total quantity 27 bulk liter country liquor masala. Thereafter concerned police station Excise circle Ganj Raipur, District Raipur registered the case in crime No.223/2024 for an offence punishable under section 34(2) of Chhattisgarh Excise Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is languishing in jail since 02.12.2024, though the charge-sheet has been filed, but the trial is likely to take some time for its conclusion. He later submits that so far as criminal antecedents of the applicant is concerned, though the applicant has five previous criminal antecedents, but out of the five, only one is under the Excise Act. He lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application submits that total 27 bulk liter country liquor masala. was recovered from the possession of the applicant and further he has five previous criminal antecedents. Hence, his bail application is liable to be rejected. 5. 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 five 3 previous antecedents, but out of them, only one is under the Excise Act, charge-sheet has already been filed and he is in jail since 02.12.2024 and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 6. Let applicant, Rajkumar Nishad, involved in Crime No.223/2024, registered at Police Station Excise Circle Dipka, District Korba (C.G.) for the offence punishable under Section 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 sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such 4 proclamation, then, the trial court shall initiate proceedings against him, 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 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. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Saxena