1 2025:CGHC:50620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8055 of 2025 Arshad @ Harshad Ali S/o Syed Samsher Ali Aged About 19 Years R/o Tumribod Hanuman Para, Police Outpost Tumribod, District : Rajnandgaon, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Outpost Tumribod Police Station Lalbagh, District : Rajnandgaon, Chhattisgarh ... Non-Applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/10/2025 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. 361/2025 registered at Police Outpost Tumribod, Police Station Lalbagh, District : Rajnandgaon (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. As per prosecution story Upon perusal of the case diary, it appears that on 03.08.2025 at about 18:10 hours, while on patrolling duty, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 19:19:10 +0530 2 information was received from an informant that a person was transporting an excessive quantity of illicit liquor for the purpose of sale in a blue-coloured Jupiter Acting upon the said information, a raid was conducted, and from the possession of the accused, illicit liquor was recovered from Jupiter vehicle bearing registration number CG 08 BE 4875. That from the accused's possession, a total of 80 quarters (paua) of country-made liquor, measuring 14,400 millilitres (i.e., 14.4 litres), was seized. The seizure, arrest, and other procedural formalities were duly completed, and a charge-sheet has been filed before the trial court for consideration. Therefore, the bail application submitted by applicant is hereby rejected, hence, this bail application. 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 applicant has three previous criminal antecedents; however, Crime No. 340/2017 pertains to a different individual. The offence in Crime No. 433/2024, under Sections 296, 115(2), and 351(2) BNS, as well as Istgasa (Complaint) No. 312/2024, are bailable in nature. Copy of judgment of crime No. 340/2017 is being annexed herewith as Annexure A/2. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 04.08.2025. 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. 3 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant has one previous criminal antecedents, hence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 three previous criminal antecedents; however, Crime No. 340/2017 pertains to a different individual, the offence in Crime No. 433/2024, under Sections 296, 115(2), and 351(2) BNS, as well as Istgasa (Complaint) No. 312/2024, are bailable in nature and in crime No. 340/2017, he has been acquitted, further the charge-sheet has been filed and he is in jail since 04.08.2025. 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 - Arshad @ Harshad Ali, involved in Crime No. 361/2025 registered at Police Outpost Tumribod, Police Station Lalbagh, District : Rajnandgaon (C.G.), 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:- 4 (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 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 him, 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 5 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti