1 2025:CGHC:49598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7457 of 2025 Gaspati Lahare S/o Firturam, Aged About 26 Years Caste Satnami, R/o Village Pihrid, P.S. And Tahsil Malkharoda, District Sakti (C.G.) ...Applicant versus State Of Chhattisgarh Through The P.S. Malkharoda, District Sakti (C.G.) ... Respondent For Applicant : Mr. Tapan Kumar Chandra, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.10.2025 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. 180/2025 registered at Police Station - Malkharoda District - Sakti (C.G.), for the offences punishable under Sections 34(2) of the CG Excise Act. 2. The prosecution story as portrayed in brief is that on 24.08.2025 Malkharoda, Inspector information through informant and during the raid the the Sub-was received secret handmade Mahua liquor measuring total 30 bulk liters has been seized from the house of accused/applicant, which was kept in his possession. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:07:31 +0530 2 3. The applicant respectfully submits that he has been falsely implicated in the present case and is in jail since 25.08.2025. The quantity of seized liquor is only 30 bulk liters, which is not of such magnitude as to justify his continued detention; hence, he deserves to be released on bail, especially since the conclusion of the trial will take a considerable time. The applicant reserves his right to raise any other ground at the time of hearing or argument before this Hon’ble Court. He is a permanent resident of the address mentioned in the cause title, where his movable and immovable properties are situated. The applicant is ready to furnish adequate surety and shall abide by all directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that 30 bulk liters of liquor were seized from the possession of the applicant; therefore, he is not entitled to be released on bail. 5. I have heard learned counsel 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 no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 25.08.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 3 7. Let applicant, Gaspati Lahare, involved in Crime No. 180/2025 registered at Police Station - Malkharoda District - Sakti (C.G.), for the offences punishable under Sections 34(2) of the CG 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav