1 2025:CGHC:50918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7234 of 2025 Rijwan Kousar S/o Late Mohammad Mustak Aged About 49 Years R/o Village Kolaibahal Jamgaw, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Chakradhar Nagar, District Raigarh Chhattisgarh ... Respondent For Applicant : Shri Prabhat Kumar Saxena, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.361/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Sections 34(2), 59 (A) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on the date of incident 15/08/2025, the concerned police station Chakradhar Nagar received GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.14 17:36:48 +0530 2 secret information through informant that the applicant Rijwan Kousar Resident of Village Kolaibahal in River side near forest has possessed illegally 28 pieces 180ML bottle Super Gypsy Fine Whisky English liquor and 7 pieces 180 ML bottle content in Icon Premium Whisky English Liquor total Jumla 6.300 Liter English Liquor has been seized in possession of witnesses. On the basis of such complaint the concerned police of police station Chakradhar Nagar, District Raigarh investigated the matter and registered the crime No.361/2025 for an offence punishable under section 34(2), 59(A) of Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 6.300 Liter English Liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has two criminal antecedents under the Excise Act in which he has been acquitted, the applicant is in jail since 15/08/2025 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. Learned counsel 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 and the applicant has two criminal antecedents under the Excise Act in which he has been acquitted. She further submits that 6.300 Liter English Liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 3 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 applicant has two criminal antecedents under the Excise Act in which he has been acquitted, he is in jail since 15/08/2025 and the charge-sheet has been filed, 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 and it is directed that the applicant - Rijwan Kousar, involved in Crime No.361/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Sections 34(2), 59 (A) of C.G. 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 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 4 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 for necessary information and compliance forthwith. - Sd/-d (Ramesh Sinha) Chief Justice gouri