1 2025:CGHC:176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9025 of 2024 Sampat Kenvat S/o Late Janakram Kenvat Aged About 50 Years R/o Village Bhadesar, Police Station Pamgarh, District Janjgir Champa Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Pamgarh, District Janjgir Champa Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Krishna Kumar Dewangan, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2025 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.422/2024, registered at Police Station Pamgarh, District Janjgir Champa C.G. for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in a nutshell is that upon receiving secret 2 information, on 15.10.2024 the police of Police Station Pamgarh, District Janjgir Champa Chhattisgarh seized 6.660 bulk litres of hand-made mahua liquor from the applicant, on the basis of which, present crime was registered against him. 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 15.10.2024, though the charge-sheet has been filed, but the trial is likely to take some time for its conclusion. He later submit that so far as criminal antecedents of the applicants are concerned, he has only two previous case registered against him, one under the the Gambling Act of year 2015 and another under the Excise Act of year 2024 pending against him. 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 6.660 bulk litres of hand-made mahua liquor was recovered from the possession of the applicant. 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, he has only two previous case registered against him, one under the the Gambling Act of 3 year 2015 and another under the Excise Act of year 2024 pending against him, charge-sheet has already been filed and he is in jail since 15.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application. 6. Let applicant, Sampat Kenvat, involved in Crime No. 422/2024, registered at Police Station Pamgarh, District Janjgir Champa 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 applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants 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 applicants 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. 7. Office 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 Abhishek