1 2025:CGHC:52790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7422 of 2025 1 - Rahul Nishad S/o Jeevan Nishad Aged About 18 Years R/o Shitla Para, Tilda, Thana- Tilda, Distt- Raipur (C.G.) 2 - Tikam Kumar Yadav S/o Manoj Yadav Aged About 19 Years R/o Mohbhatta Para Tilda, Thana- Tilda, Distt- Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through SHO, Thana- Hathband, Distt- Baloda Bazar- Bhatapara (C.G.) ... Respondent For Applicants : Shri Arvind Prasad, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/10/2025 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 applicants who have been arrested in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 19:49:34 +0530 2 connection with Crime No.170/2025 registered at Police Station Hathband, Distt- Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 20.08.2025, officers of Police has received the secret information from the informant with the averment that the applicants kept the liquor in bike for the purpose of selling so the police officers have made the search and alleged to be seized total about 22.500 bulk liter country made liquor therefore arrested the present applicants. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and 22.500 bulk liter country made liquor was not seized from the exclusive possession of the applicants. 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 applicants have no criminal antecedents, the applicants are in jail since 20/08/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 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 applicants have no criminal antecedents. He further submits that 22.500 bulk liter 3 country made liquor was recovered from the possession of the applicants, therefore, they are 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 applicants and the fact that the applicants have no criminal antecedents, they are in jail since 20/08/2025 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 applicants are entitled to be released on bail in this case. 7. Let the applicants - Rahul Nishad & Tikam Kumar Yadav, involved in Crime No.170/2025 registered at Police Station Hathband, Distt- Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 5 default as abuse of liberty of bail and proceed against them 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