1 2025:CGHC:49596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7842 of 2025 Gajraj Rathiya S/o Shri Bharat Lal Rathiya Aged About 27 Years R/o Village- Beharchuwa, Tahsil And Police Station- Kartala , District- Korba, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kartala, District- Korba, Chhattisgarh ... Non-applicant For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.10.2025 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. 129/2025 registered at Police Station – Kartala District - Korba (C.G.), for the offence punishable under Section 34(2) & 59-A of the C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.07 10:40:26 +0530 2 2. The case of the prosecution in brief is that on 10.08.2025, Police Station Kartala received a secret information that the present applicant resident of Village Beharchuwa has kept illicit country made plain liquor for sale. On the basis of aforesaid secrete information, a police team conducted a raid and the present applicant was found to be in possession of 11 quarters of country made plain liquor and 105 quarters of country made plain liquor and 4 pieces of C.G.Fine Whisky and 10 pieces of Jammu Special Whisky thus total quantity of liquor was 21.420 bulk liters. The present applicant was arrested, articles were seized and offence has been registered. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case, having committed no offence whatsoever. The applicant has never been involved in the commission of any crime relating to the sale of illicit liquor, but has been falsely implicated by the police based merely on incorrect information. There is a technical error in the preparation of the seizure memo, as the procedure was not properly conducted, and the alleged country-made liquor was not seized from the exclusive possession of the applicant. The mandatory provisions of law were not followed during the seizure, rendering the same doubtful. No country-made liquor has in fact been recovered from the applicant in this case. The matter is triable by the learned Judicial Magistrate First Class, and though the charge-sheet has already been filed, there is no likelihood of the case being concluded in the near future. The applicant is the sole breadwinner of his family, which is presently facing severe financial hardship due to his continued detention. He is a permanent resident of Village Beharchuwa, Tahsil and Police Station Kartala, District Korba (C.G.), 3 where his movable and immovable properties are situated, and therefore there is no possibility of his absconding, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits, applicant has 1 criminal antecedents, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the offfence levelled against the present applicant, and the fact that he is in jail since 10.08.2025 and the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Gajraj Rathiya, involved in Crime No. 129/2025 registered at Police Station – Kartala District - Korba (C.G.), for the offence punishable under Section 34(2) & 59-A 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 4 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 his 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 his, 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 vaibhav