1 2025:CGHC:118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9031 of 2024 1. Jeevan Tandan S/o Ganesh Tandan Aged About 40 Years R/o Village - Vicharpur, Police Station And Tahsil Chuikhadan, District - Khairagarh-Chuikhadan-Gandai Chhattisgarh 2. Rajendra Kumar Nishad S/o Mangal Nishad Aged About 34 Years R/o Village - Udaipur, Police Station - Chuikhadan, District - Khairagarh-Chuikhadan-Gandai Chhattisgarh (Wrongly Mentioned Subhan Beg S/o Gulam Beg, Aged About 32 Years, District K.C.G. (C.G.) In The Cause Title) ... Applicants versus State of Chhattisgarh Through - Station House Officer, Police Station - Chuikhadan, District Khairagarh-Chuikhadan-Gandai Chhattisgarh ... Non-applicant For Applicants : Mr. Abhishek Sharma, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to 2 the applicants who have been arrested in connection with Crime No. 267/2024 registered at Police Station Chuikhadan, District Khairagarh-Chuikhadan-Gandai (C.G.), for the offence punishable under Sections 34(1)(b), 35, 59-A of the C.G. Excise Act and Sections 318(4), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, on September 6, 2024, the Station House Officer of Police Station Chuikhadan received information from an informant that applicant No. 1, Jeevan Tandan, was selling illegal liquor near a banyan tree in Village Vicharpur. Following a raid, 3.060 bulk liters of country-made liquor were seized. The police party found that the seized liquor had no labels or holograms. Consequently, an offense under Section 34(1)(b) of the Excise Act was registered against applicant No. 1. During further investigation on September 7, 2024, the seized liquor was tested by the Excise Circle Chuikhadan, and it was found to be counterfeit. Applicant No. 1 was interrogated again, and in his memorandum statement, he revealed that he had purchased the seized liquor from co-accused Vinod Soni. Further inquiry revealed that Vinod Soni and other accused persons were already in jail in connection with Crime No. 204/2024 at Police Station Gandai. Subsequently, the other accused persons were also arraigned in the present case. It is further alleged that all the accused persons are involved in manufacturing and selling counterfeit liquor. Police Station Gandai had previously seized certain articles used for manufacturing counterfeit liquor. A charge sheet was filed under Sections 34(1)(b), 3 35, 59-A of the Excise Act and Sections 318(4), 336(3), 340(2), 3(5), 111(2) of the Bharatiya Nyay Sanhita 2023. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged country made liquor were not seized from the possession of the applicants. It is further argued by him that the applicant No. 01 has 01 criminal antecedent and the applicant No. 02 has 04 criminal antecedents for which he has already been given explanation in the present bail application. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicants have been in jail since 22.10.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that looking into the criminal antecedents of the present applicants, their bail application is entitled to be rejected. 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 present applicants and the fact that the applicant No. 01 has 01 criminal antecedent and the applicant No. 02 has 04 criminal antecedents 4 for which he has already been given explanation in the present bail application. Also considering the fact that the charge-sheet has been filed before the competent Court and they have been in jail since 22.10.2024 and conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Jeevan Tandan and Rajendra Kumar Nishad, involved in Crime No. 267/2024 registered at Police Station Chuikhadan, District Khairagarh-Chuikhadan-Gandai (C.G.), for the offence punishable under Sections 34(1)(b), 35, 59-A of the C.G. Excise Act and Sections 318(4), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing a personal bond with two sureties each 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek