2025:CGHC:42828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6657 of 2025 Anil Jangde S/o Chetan Jangde Aged About 32 Years R/o Rampur, P.S.- Palari, District- Balodabazar (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Excise Circle Palari, District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.08.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 45/2025, registered at Police Station : Excise Circle Palari District – Balodabazar-Bhatapara (C.G) for the offence punishable under Section 34(2) & 59(a) of the C.G. Excise Act. 2. As per prosecution story in brief is that on the date of incident, police has received information by informant that unknown person has VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.23 11:33:39 +0530 transporting with kept illegal liquor by his motorcycle to sale and police has seized 35.00 bulk liter country made mahua liquor from possession of the applicant at open place and police has registered a case for offence punishable under section 34 (2), 59(a) of the Excise Act against applicant and hence this bail application is being preferred before the Hon'ble Court. 3. That, the applicant has been falsely implicated in the present case and has no nexus with the incident narrated by the prosecution; he had no knowledge of the seized liquor, which was allegedly recovered from an open utility place accessible to the public he has been in judicial custody since 31.07.2025 and his prolonged pre-trial detention is causing grave hardship to him and affecting the livelihood of his family members there is no prima facie case made out against him, nor did he have any motive or intention to commit the alleged offence the allegations levelled by the prosecution are false, frivolous, and baseless; and the applicant further reserves his right to raise any other grounds and to submit all relevant documents before this Hon’ble Court at the time of hearing. He further submits that the earlier bail application of the applicant was rejected on the ground of two criminal antecedents of the applicant but counsel for the applicant submits that applicant was acquitted in both the cases and his explanation was given in the bail application. Therefore, the applicant is also entitled to be released on regular bail. 4. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 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, it is noted that the earlier bail application of the applicant was rejected on the ground of two criminal antecedents however, learned counsel for the applicant submits that the applicant has already been acquitted in both the said cases, and the explanation in this regard has been given in the bail application. Further, considering the fact that the charge- sheet has already been submitted in the present case before the competent Court, and that the applicant has been in jail since 31.07.2025 while conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail. 7. Let the Second Bail of the Applicant – Anil Jangde, involved in Crime No. 45/2025, registered at Police Station : Excise Circle Palari District – Balodabazar-Bhatapara (C.G) for the offence punishable under Section 34(2) & 59(a) 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 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, 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/- Sd/- (Ramesh Sinha) Chief Justice vaibhav