1 2025:CGHC:49924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5974 of 2025 Dhaneshwar Singh Thakur S/o Chainsingh Thakur Aged About 39 Years R/o Village-Madeli, Tahsil And Police Station- Chhura, District- Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chhura, District Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Kripesh G. Kela, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.10.2025 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. 101/2025, registered at Police Station : Chhura, District – Gariyaband (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, on 20.07.2025, Head Constable Dhanush Ram Nishad of Police Station Chhura received secret information that the applicant had kept illegal Mahua liquor near VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 12:58:30 +0530 2 Rangmanch, Naya Talab, Village Madeli. Acting on this information, the police proceeded to the spot and recovered 52 liters of Mahua liquor from the applicant, which was seized by the police. Consequently, the applicant was arrested, and the present case was registered against him. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits . It is submitted that the alleged liquor was not seized from the exclusive possession of the applicant; the 52 liters of Mahua liquor were recovered from an open place near Rangmanch, Naya Talab, Village Madeli, which is not owned by the applicant. As per the provisions of the Chhattisgarh Excise Act, contraband must be in the conspicuous possession of the accused, which is not established in this case. At the time the police arrived at the spot, the applicant was sitting with his friends, who fled, whereas the applicant did not leave the place and was arrested on mere suspicion of ownership of the liquor. The applicant is a permanent resident of Village Madeli, living with his family and possessing immovable and movable property, and there is no likelihood of him absconding. The applicant is ready to furnish adequate surety and undertake to comply with all directions and conditions as may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed 3 before the competent Court. 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 previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 20.07.2025 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, Dhaneshwar Singh Thakur, involved in Crime No. 101/2025, registered at Police Station : Chhura, District – Gariyaband (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 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 she 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 her 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 her 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, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav