1 2025:CGHC:168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9005 of 2024 Shubham Sagarvanshi S/o Gaindlal Sagarvanshi Aged About 30 Years R/o - Pragati Nagar Near Jalebi Chowk Police Station Chawni District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - S.H.O. P.S. Newai, District Durg (C.G.) ...Non-Applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02/01/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 350/2024 registered at Police Station- Newai, District Durg (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2 2. Case of the prosecution, in brief, is that the concerned Police received secrete information that the present applicant was engaged in business of illegal liquor and on the date of incident he is transporting illegal liquor and on the date of incident he is transporting illegal liquor from Maroda to Utai and when and when the Police reached near Newai Police Station he was found in possession of 39 piece of 180 ml each liquor 7.02 bulk liters country made liquor which is recovered from the custody of the applicant and when the could no produced any documents the above offence was registered against him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedent under the Excise Act of the year 2022. The same has been explained in paragraph No. 4(A) of this bail application. He also submits that the charge- sheet has been filed in the present case and the applicant is in jail since 22.11.2024. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She further submits that 39 piece of 180 ml each liquor 7.02 bulk liters country made liquor has been seized from the possession of the present applicant and the charge-sheet has been 3 filed. She has pointed that the applicant has two previous criminal antecedents, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicant has two previous criminal antecedent, the charge-sheet has been filed and he is in jail since 22.11.2024. Further, the 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. Accordingly, the bail application is allowed. Let the applicant- Shubham Sagarvanshi, involved in Crime No. 350/2024 registered at Police Station- Newai, District Durg (C.G.), for the offence punishable under Sections 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. 4 (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 BNS. (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 BNS. (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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti