1 2025:CGHC:51189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7235 of 2025 Siras Kumar Yadav S/o Late Balaram Yadav Aged About 32 Years R/o Village - Chitapali - Darripara, Police Station - Urga, Tahsil And District - Korba, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Officer-In-Charge Of Excise Circle- Korba, District - Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.10.2025 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. 62/2025 registered at Police Station – Excise Circle-Korba District - Korba (C.G.), for the offence punishable under Section 34(1)d,£, 34(2) & 59(d) of the C.G. Excise Act against the present applicant. 2. The prosecution story in brief is that on 30.07.2025 station house officials of Excise Circle-Korba, District-Korba (C.G.) received secrete VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.15 11:28:59 +0530 2 information that the present applicant illegal possession of liquor in his house, thereafter Police officer has been raided and seized Total quantity 35 bulk litter hand made liquor from the possession of the applicant, According the police officer of registered in FIR against the applicant and alleged offences punishable under section 34(1) क,£ 34 (2), 59(क) of the Chhattisgarh Excise Act. 3. The applicant has been falsely implicated in the present case. He further submitst that the manner in which the police officials conducted the raid and allegedly seized liquor from the applicant creates serious doubt about the genuineness of the entire proceedings, and false implication cannot be ruled out. Considering the quantity of liquor seized, the period of detention, and the absence of any likelihood of the applicant repeating the offence, he deserves to be released on regular bail. The applicant has no criminal antecedents, the FIR registered against him is doubtful, and the investigation has been completed with the charge-sheet already filed before the learned Trial Court, as evidenced by Annexure A/2. The alleged offence is triable by the Judicial Magistrate First Class. The applicant has been in jail since 30.07.2025, 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 3 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 30.07.2025 and 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, Siras Kumar Yadav, involved in Crime No. 62/2025 registered at Police Station – Excise Circle-Korba District - Korba (C.G.), for the offence punishable under Section 34(1)d,£, 34(2) & 59(d) of the C.G. Excise Act against the present applicant, 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. 4 (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 vaibhav