1 2025:CGHC:54917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9034 of 2025 Rameshwari Kurre W/o Shivnandan Kurre Aged About 35 Years R/o Village Jamgahan, Police Station Bhatgaon, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Excise Circle Sarsiwan, District – Sarangarh-Bilaigarh (C.G.) Non-applicant For Applicant : Mr. Vikram Pratap, Advocate. For Non-applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 52/2025, registered at Police Station – Excise Circle Sarsiwan, District – Sarangarh-Bilaigarh (C.G.) for the o;ence punishable under Section 34(1-A), 34(2) and 59(A) of C.G. Excise Act. 2. The case of the prosecution, is that the Police of Police Station – Excise Circle Sarsiwan, District – Sarangarh-Bilaigarh (C.G.) has received a secret information through the informant and on the basis of such information the Police has seized a total of 25.3 liters of Mahua liquor RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 from the possession of the present applicant. Thereafter, the applicant has been arrested by the Police and the o;ence was registered. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been @led in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 13.10.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been @led in this case. It is further submitted that a total of 25.3 liters of Mahua liquor has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, charge-sheet has been @led against the applicant and he is in jail since 13.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rameshwari Kurre, involved in Crime No. 52/2025, registered at Police Station – Excise Circle Sarsiwan, District – 3 Sarangarh-Bilaigarh (C.G.) for the o;ence punishable under Section 34(1-A), 34(2) and 59(A) 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 @le an undertaking to the e;ect that he shall not seek any adjournment on the dates @xed 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 @xed, either personally or through his counsel. In case of his absence, without suFcient 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 @xed 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 @xed 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 suFcient 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. OFce is directed to send a certi@ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar