1 2025:CGHC:50920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7220 of 2025 Angad Khande S/o Janpat Ram Khande Aged About 38 Years R/o Sendripali, P.S. Kartala, District - Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Excise Circle District - Korba (C.G.) ... Respondent For Applicant : Shri Prakash Dutt, Advocate. For Respondent/State : Ms. Vaishali, Mahilong, 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.110/2025 registered at Police Station Excise Circle, District- Korba (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) of CG Excise Act. 2. Case of the prosecution, in brief, is that on 19.08.2025, during patrolling, Police Station-Excise Circle, District-Korba received secret GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.14 17:36:47 +0530 2 information from an informer that near Sendripali Satnamipara lake the applicant/accused was keeping illegal possession of hand-made liquor. Acting upon the said information, a raid was conducted and from the possession of the applicant two plastic jerrycans of 10 litres capacity each containing 10-10 litres of liquor (total 20 litres), one plastic jerrycan of 05 litres containing liquor, and seven plastic bags of Mahua lahan, each weighing 20 kg (total 140 kg), were seized. Thus, in all 25 litres of hand-made liquor and 140 kg of Mahua lahan were recovered. However, in the anti-bail letter it has been mentioned that 35 litres of hand-made liquor and 140 kg of Mahua lahan were seized, whereas the seizure panchnama clearly records the recovery of only 25 litres of liquor along with 140 kg of Mahua lahan. On the basis of the said seizure, FIR was registered against the applicant for the offence punishable under Section 34(1)(A), 34(2), 59(A) of the Chhattisgarh Excise Act and the applicant has been arrested and is in jail. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 25 litres of hand-made liquor and 140 kg of Mahua lahan 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 no criminal antecedent, the applicant is in jail since 19/08/2025 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 3 present case before the competent Court and the applicant has no criminal antecedent. She further submits that 25 litres of hand-made liquor and 140 kg of Mahua lahan was recovered from the possession of the applicant, therefore, he 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 applicant has no criminal antecedent, he is in jail since 19/08/2025 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 - Angad Khande, involved in Crime No.110/2025 registered at Police Station Excise Circle, District- Korba (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) of CG 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. 4 (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 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/- (Ramesh Sinha) Chief Justice gouri