1 2025:CGHC:57787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8878 of 2025 Ajay Verma S/o Cheduram Verma Aged About 34 Years R/o Ward No. 13, Lawan, P.S. Lawan, Distt. Balodabazar-Bhatapara, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly As Per Chargesheet ) ... Applicant versus State Of Chhattisgarh Through Excise Cirlce Kasdol, Distt. Balodabazar- Bhatapara, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anmol Sharma, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27/11/2025 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.64/2025 registered at Police Station- Excise Cirlce Kasdol, District - Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story, in brief, is that on 27.09.2025, the police authorities received an insider’s tip. Acting on the said information, they conducted a raid at the spot near Bada Talab at Village Gordha, where PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 19:14:52 +0530 2 the present applicant was found. Upon conducting a search, he was alleged to be in possession of 40 bulk liters of handmade Mahua liquor, which was seized from him. The applicant was arrested, and after completion of the investigation, the police authorities filed a charge-sheet for the offences mentioned in the application. The applicant was thereafter sent to judicial custody. It is submitted that the true and correct facts of the present case are different from the prosecution’s version. The applicant has been falsely implicated, and the alleged liquor does not belong to him. It is further submitted that he has no previous record of similar offences. Therefore, it is humbly prayed that he may be granted bail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has no previous criminal antecedents. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 27.09.2025. 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. On the other hand, learned counsel appearing 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. 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 3 applicant has no previous criminal antecedents, further the charge-sheet has been filed and he is in jail since 27.09.2025. 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 - Ajay Verma, involved in Crime No.64/2025 registered at Police Station- Excise Cirlce Kasdol, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 34(2) and 59(A) 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. (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 4 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 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 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