1 2025:CGHC:54954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7957 of 2025 Vinod Yadav Alias Baraflal S/o Narayan Yadav Aged About 40 Years R/o Dhardei, PS Shivrinarayan, District- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through - PS Shivrinarayan, District- Janjgir-Champa (C.G.) ... Respondent For Applicant : Shri Priyank Rathi, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.277/2025 registered at Police Station Shivrinarayan, District Janjgir- Champa (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 22.07.2025, on the basis of information received from informer, the police of PS Shivrinarayan GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.12 18:36:28 +0530 2 interrogated the applicant/accused on which, the applicant took the police to his brother's house and from there 4 plastic bags containing 100 ml each of raw mahua liquor total 400 plastic pouches containing 200 ml each of raw mahua liquor, total 80 liters of raw mahua liquor was recovered and seized from his possession and thereafter the applicant was arrested by the police and an offence under section 34(2) of the C.G. Excise Act was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 80 liters of raw mahua liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has six criminal antecedents, out of which five cases are under the Excise Act and one case is under the IPC. He submits that out of five cases under the Excise Act, one case is disposed of, one case is not traceable, in two cases he has been acquitted and one case is pending in which he is on bail and also one case under the IPC is pending in which he is on bail. He submits that charge sheet has been filed, the applicant is in jail since 22/07/2025 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 would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has six criminal antecedents which has been explained in para 4 (a) of the bail application. He further submits that 80 liters of raw mahua liquor was 3 recovered from the possession of the applicant, 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, he is in jail since 22/07/2025, further the fact that out of six criminal antecedents one case under the Excise Act and one case under the IPC is pending, charge-sheet has been filed and further the conclusion of the trial may take some more time, therefore 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 and it is directed that the Applicant- Vinod Yadav Alias Baraflal, involved in Crime No.277/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of C.G. 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 4 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri