1 2025:CGHC:49875 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6579 of 2025 • Nandev Kumar Himdhar S/o Bhajandas Himdhar, Aged About 25 Years R/o Village Medhapali, Police Station- Dabhara, District Sakti (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Chandrapur, District Sakti (C.G.) ... Respondent (Cause title is taken from Case Information System) For applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Mr. Nitansh Kumar Jaiswal, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.77/2025, registered at Police Station – Chandrapur District – Sakti (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that on 21.07.2025, the police of Police Station – Chardrapur District- Sakti (C.G.) received a secret VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.08 17:16:36 +0530 2 information that the present applicant is transporting illicit handmade Kacchi Mahua liquor to sale in silver colour Omni from Village Sapos to Chandrapur. On the basis of aforesaid secrete information, the police team conducted a raid whereby the present applicant was found to be in possession of 6 jericanes containing 5-5 liters handmade country (Kachchi Mahua) liquor kept in 2 plastic bags and 4 jericanes containing 5-5 liters total 20 liters kept in black colour plastic carry bags and thus total quantity of the liquor was 50 bulk liter country made (Kachchi Mahua) liquor, which was along with Omni car bearing registration No. CG-13 C-5568 seized by the police and the first information report on zero was recorded which was subsequently registered as Crime No. 77/2025 under Section 34(2) of C.G. Excise Act against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 21.07.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant. It is further submitted that a total of 50 bulk liter country made (Kachchi Mahua) liquor has been seized from the possession of the applicant and he had not produce any documents of seized liquor, therefore, he is not entitled for grant 3 of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submissions made by learned counsel for the parties and the fact that there is no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and he is in jail since 21.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Nandev Kumar Himdhar, involved in Crime No.77/2025, registered at Police Station – Chandrapur District – Sakti (C.G.) for the offence punishable under Section 34(2) of C.G. 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. (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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali