1 2025:CGHC:52976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8599 of 2025 Ramesh Kumar Yadav S/o Ganga Prasad Yadav Aged About 54 Years R/o Gram Panchayat Piparkhunta Police Station Taregaon, District- Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House O+cer, Excise Circle, Bodla, District – Kabirdham (C.G.) Non-applicant For Applicant : Mr. Chandrabhushan Kesharwani, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 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. 97/2025, registered at Police Station – Excise Circle, Bodla, District – Kabirdham (C.G.) for the o=ence punishable under Section 34(1)(a), 34(2), 59(A) and 36 of C.G. Excise Act. 2. The case of the prosecution, is that the Police of Police Station – Excise Circle, Bodla, District – Kabirdham (C.G.) has received a secret information through the informant and on the basis of such information the Police has seized a total of 53.10 liters of liquor 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 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 innocent and has been falsely implicated in this case and there is one criminal antecedent registered against the present applicant. It is further submitted that the charge-sheet has been Bled 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 28.08.2025 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 one criminal antecedent registered against the present applicant, and the charge-sheet has been Bled in this case. It is further submitted that a total of 53.10 liters of 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 one criminal antecedent registered against the present applicant, charge-sheet has been Bled against the applicant and he is in jail since 28.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ramesh Kumar Yadav, involved in Crime No. 97/2025, registered at Police Station – Excise Circle, Bodla, District – Kabirdham (C.G.) for the o=ence punishable under Section 34(1)(a), 34(2), 59(A) and 36 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 3 the Court concerned with the following conditions:- (i) The applicant shall Ble an undertaking to the e=ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through his counsel. In case of his absence, without su+cient 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 Bxed 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 Bxed 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 su+cient 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. O+ce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar