1 2025:CGHC:52596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8508 of 2025 Gunjan Nirala S/o Shyamlal Nirala, Aged About 26 Years, Caste Satnami, R/o Village Medapali, P.S. Dabhara, District – Sakti, C.G. ... Applicant versus State of Chhattisgarh Through The S H O, P.S. Dabhara, District - Sakti C.G. ... Non-Applicant For Applicant : Mr. Tapan Kumar Chandra, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28/10/2025 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. 312/2025 registered at Police Station- Dabhara, District- Sakti (C.G.) (in the impugned order wrongly mentioned as P.S. Hasoud), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. As per the case of prosecution, on 18.09.2025, the Station In-charge, Police Station Dabhara, District Sakti, received secret PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.29 11:33:12 +0530 2 information from an informant. Acting upon this information, a raid was conducted during which 16 bottles of country-made plain liquor, each containing 180 ml (totaling 2 liters and 480 ml), and 4 bottles of beer (totaling 2 liters and 600 ml) were seized from the present accused/applicant, who was found in possession of the said items. The police also seized additional liquor from two other co-accused persons. 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 two co-accused persons, namely, Hemant Khunte and Harish Himdhar has been granted bail by the learned trial Court. Further, the applicant has one previous criminal antecedent which is pending. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 18.09.2025. 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. She further submits that the applicant has one previous criminal antecedent, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 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 two co-accused persons, namely, Hemant Khunte and Harish Himdhar has been granted bail by the learned trial Court, further, the applicant has one previous criminal antecedent, the charge-sheet has been filed and he is in jail since 18.09.2025. 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 - Gunjan Nirala, involved in Crime No. 312/2025 registered at Police Station- Dabhara, District- Sakti (C.G.) (in the impugned order wrongly mentioned as P.S. Hasoud), for the offence punishable under Sections 34(2) 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 she 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 her counsel. In case of her absence, without sufficient 4 cause, the trial court may proceed against her 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 proceedings against her, 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 her 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