1 2025:CGHC:50633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8016 of 2025 Veer Gupta @ Virendra Kumar Gupta S/o Shivnarayan Gupta Aged About 24 Years R/o Muktipara, Atal Awas, Ambikapur, Police Station Gandhinagar, Tahsil Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District : Surguja (Ambikapur), Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Kanhiya Ram Yadav, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 383/2025, registered at Police Station : Gandhinagar District- Sarguja (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 08.07.2025, the Police of Police Station Gandhinagar, District Sarguja (C.G.), received secret information that the present applicant and co- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 accused Badal Kujur were possessing illicit liquor for sale. Acting upon the said information, the police conducted a raid, during which the applicant and the co-accused were found in possession of a total of 324 quarters of whisky, 124+ 200 quarters, each containing 180 ml, amounting to a total quantity of 58.32 bulk liters of liquor. The said liquor was seized by the police, and consequently, an FIR bearing Crime No. 383/2025 was registered at Police Station Gandhinagar for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, and investigation was set in motion. During the course of investigation, statements of prosecution witnesses were recorded and upon completion of the investigation, a charge-sheet was filed before the learned Chief Judicial Magistrate, Ambikapur, District Sarguja (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant never involved in commission of crime in selling illicit liquor but he has been falsely implicated and he has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. He further submit that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 08.07.2025 and the 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 in the present case, charge-sheet has been filed before the competent Court and the applicant has no 3 criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. 58.32 bulk liters of liquor therefore, he is not entitled for grant of 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 criminal antecedent and in the present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized from the possession of the applicant i.e. 58.32 bulk liters of liquor and he is in jail since 08.07.2025 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, Veer Gupta @ Virendra Kumar Gupta, involved in Crime No. 383/2025, registered at Police Station : Gandhinagar District- Sarguja (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing 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 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 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal