1 2025:CGHC:59276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8067 of 2025 Jaisurya Sonwani S/o Shri Vishnu Sonwani Aged About 30 Years R/o Village Mandipara Bagbahra, Police Station And Tahsil Bagbahra, District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Excise Circle, Bagbahra, District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.12.2025 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. 89/2025, registered at Police Station – Excise Circle Bagbahra District - Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution story in brief is that, the police of Police Station VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.06 12:09:46 +0530 2 excise circle Bagbahra,, has registered a case U/s 34(2) of CG Excise Act against the applicant alleging that he has kept 90 Bulk liters. of country made Mahuwa liquor and 1350 kg of Mahuwa Lahan in his possession which has been seized and arrested him. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits in the present case, having not acted in the manner alleged by the prosecution. He contends that a false seizure memo was prepared by the police of Excise Circle Bagbahra, District Mahasamund (C.G.) to implicate him, and that he is a farmer who cultivates crops and maintains mahuwa trees, using the flowers for feeding his domestic animals. The applicant has been in custody since 20.09.2025, and considering the likely delay in the trial, which is triable by the Judicial Magistrate First Class, he may be enlarged on bail. He further submits that the evidence collected by the prosecution is not prima facie sufficient to hold him guilty of the alleged offence. The applicant is a permanent resident at the address shown in the cause title, with no likelihood of absconding or tampering with evidence, and he is willing to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court. therefore, he humbly prays that he be granted bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence 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 20.09.2025 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, Jaisurya Sonwani, involved in Crime No. 89/2025, registered at Police Station – Excise Circle Bagbahra District - Mahasamund (C.G.) for the offence punishable under Sections 34(2) 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 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 fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya 4 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