1 2025:CGHC:52845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7434 of 2025 Virendra Lahare S/o Jeevan Lal Lahare Aged About 30 Years R/o Village Nariyara, Police Station Mulmula, District Janjgir-Champa C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Mulmula, District Janjgir-Champa C.G. ... Respondent For Applicant : Mr. Vivek Singhal, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.10.2025 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. 233/2025 registered at Police Station - Mulmula District -Janjgir- Champa (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution case, on 04-08-2025, the police of Police Station Mulmula have received secret information that the present applicant is VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:07:31 +0530 2 selling the illicit liquor and on the said information raid was conducted and seized total 13 bulk liter illicit liquor from the possession of present applicant therefore crime has been registered and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant respectfully submits that the present applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged liquor was not recovered from the exclusive possession of the applicant and that the seizure memo prepared by the police is false and fabricated only to implicate the applicant in this crime. The applicant has not acted in any manner as alleged by the prosecution and is hopeful of being acquitted from all false allegations. The applicant has been in judicial custody since 05.08.2025, and as the trial is likely to take a long time, 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 already been filed in the present case before the competent Court. She further submits that the applicant has one criminal antecedents, therefore, he is not entitled to the 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 learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 05.08.2025 and 3 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. Let applicant, Virendra Lahare, involved in Crime No. 233/2025 registered at Police Station - Mulmula District -Janjgir-Champa (C.G.), for the offences 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 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 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 4 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