1 2025:CGHC:54886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7874 of 2025 Pranay Kunjam S/o Neel Kumar Kunjam Aged About 26 Years R/o Village Singadai, Ward No. 44, Police Station- Basantpur, Rajnandgaon, Tahsil And District- Rajnandgaon, C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Lalbagh, District- Rajnandgaon, C.G. ... Non-applicant For Applicant : Mr. Kashish Saluja, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 11.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 240/2025 registered at Police Station – Lalbagh District - Rajnandgaon (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution case in brief is that on the incident date 23.05.2025, on seeing the police, the driver of the vehicle bearing no. CG 04 PK 0268 Jupiter had fled leaving the vehicle near sahu truck body parts in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:34 +0530 2 transport nagar. On searching the vehicle in front of witnesses, 30 quarters of liquor of 180 ml each, total 5.4 bulk liters worth Rs. 2400 and the motorcycle bearing no. CG 04 PK 0268 Jupiter TVS were seized and taken into police custody. A crime was registered at Lalbagh police station and it was taken into investigation. During the investigation, on the information of the informer, the suspected accused Pranay Kunjam was caught in village Singadai and memorandum statement of the accused was taken. The accused told that he lived in a rented house in jamatpara and apart from the above mentioned vehicle, 03 stolen motorcycles and 25 quarters of country liquor are kept in the rented house in jamatpara and said that he would get it recovered. Three motorcycles without number plates, 25 quarters of plain liquor in a blue drum and 08 motorcycles number plates were seized and taken into police custody. The accused was found to have committed the offence and was duly arrested on accepting the crime. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the ingredients of the alleged offences are not attracted against him. There is no material or evidence on record to implicate the present applicant in the said case. The applicant, aged about 26 years, is a labourer and the sole breadwinner of his family. He has been in judicial custody since 23.05.2025. The applicant is a permanent resident of the address mentioned in the cause title, and therefore there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready and willing to furnish adequate surety and undertakes to abide by all the 3 directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant moreover, the fact that the charge-sheet has been filed before the competent Court and applicants are in jail since 25.05.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant – Pranay Kunjam , involved in Crime No. 240/2025 registered at Police Station – Lalbagh District - Rajnandgaon (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on his furnishing personal bond with two local 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 4 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav