1 2025:CGHC:54411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8907 of 2025 Malechh Ram Sahu S/o Leeguram Sahu Aged About 45 Years R/o Gram Bhawtara, Chowki Rahoud Police Station Shivrinarayan District- Janjgir-Champa,(C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Shivrinarayan District- Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. Rahul Goswami, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 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. 370/2025 registered at Police Station – Shivrinarayan District 2 - Champa (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in briefly. is that on 30.08.2025, as per the orders of Station House Officer Sivrinarayan, Assistant Sub- Inspector was checking the vehicle on the instructions of taking action against drunk drivers, when during checking a Passion Pro vehicle motor cycle without number plate, he found a white colour plastic bag in the tank of his vehicle 35 pounds of country made plain liquor kept inside, each quarter containing 180ml liquor, totaling 6.300 liters of country made plain liquor was recovered and seized. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. He further submits that the applicant has not committed any crime as alleged against him. It is submitted that no article has been seized from the possession of the applicant, as he had no knowledge about the alleged incident. The police have seized illicit liquor from an open place near a bike, and the applicant has been falsely implicated in this case without any concrete evidence. The police have not conducted a proper inquiry before registering the FIR against the applicant, and he has been wrongly shown as an accused on the basis of false and baseless allegations. The allegations made by the prosecution are wholly false, frivolous, and without substance. There is no prima facie case made out against the applicant, nor did he have any motive or intention to 3 commit the alleged offence. The applicant has not acted in any manner as alleged by the prosecution. He is the sole earning member of his family and has been in jail since 30.08.2025. his continued detention will cause severe hardship to his family and adversely affect his future. Therefore, the applicant prays to be released on bail, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits, applicant has 1 criminal antecedents, therefore, he is not entitled for grant of regular 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 one previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 30.08.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Malechh Ram Sahu, involved in Crime No. 370/2025 registered at Police Station – Shivrinarayan District - Champa (C.G.), for the offence punishable under Section 34(2) 4 of the C.G. Excise Act, be released on bail on 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 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 his, 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