1 2025:CGHC:61519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9657 of 2025 Hemant Bariha S/o Shri Nandlal Bariha Aged About 22 Years R/o Village Ganiyari, Thana- Saliha, Distt.- Balodabazar- Bhatapara (C.G.) ... Applicant versus The State of Chhattisgarh Through Station House O昀케cer, Police Station- Rajadevri, District - Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 90/2025, registered at Police Station Rajadevri, District - Balodabazar- Bhatapara, (C.G.) for the o昀昀ence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 16.10.2025, the police of Police Station Rajadevri received information from an informant to the e昀昀ect that the accused persons were transporting RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 liquor for the purpose of illegal sale. Acting upon the said information, the police constituted a search team and conducted a search at Village Ganiyari. During the search, co-accused Nandlal Barigha was apprehended with 50 bulk litres of country-made liquor, which was seized from his possession. The present applicant was allegedly found standing nearby, whereupon the police seized a motorcycle from him and arrested him. Further, upon searching an Alto car, about 60 bulk litres of liquor were seized from the possession of co-accused Narendra Gond. After completion of the investigation, the charge-sheet has been 昀椀led in the matter. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has no involvement in the alleged o昀昀ence, and he has been arrested merely on the basis of suspicion without any substantive material connecting him to the commission of the o昀昀ence. It is submitted that the applicant has no concern whatsoever with the seized liquor and there is no evidence on record to establish that he was in conscious possession of the liquor allegedly recovered by the police from the co-accused persons, amounting in total to 110 bulk litres. Admittedly, no liquor was seized from the possession of the present applicant; rather, the alleged seizure has been e昀昀ected from the co-accused persons, as is evident from the seizure memos. From the present applicant, only a motorcycle belonging to him was seized, which by itself does not connect or implicate the applicant in the commission of the alleged o昀昀ence. He also submits that the charge-sheet has been 昀椀led before the competent Court, applicant has no any criminal antecedents, 3 and the he is in jail since 16.10.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been 昀椀led before the competent Court. She also submits that on 16.10.2025, acting upon speci昀椀c information, the police of Police Station Rajadevri conducted a raid at Village Ganiyari, wherein a total of 110 bulk litres of country-made liquor was recovered from the co-accused persons, clearly establishing illegal transportation for sale. The present applicant was found present at the spot during the raid and a motorcycle used in the commission of the o昀昀ence was seized from his possession, showing his association with the co-accused, therefore, he is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that no liquor has been seized from the possession of the present applicant and the entire alleged recovery of 110 bulk litres of country-made liquor has been e昀昀ected from the co-accused persons. From the present applicant, only a motorcycle has been seized, which by itself does not establish his conscious possession or involvement in the transportation or sale of the seized liquor, further the fact that the present applicant has no criminal 4 antecedents, the charge-sheet has been 昀椀led before the competent Court and he is in jail since 16.10.2025 and conclusion of the trial is likely to take some time. In view of the aforesaid facts and circumstances, and without commenting on the merits of the case, I am inclined to grant regular bail to the present applicant. 7. Let the applicant, Hemant Bariha, involved in Crime No. 90/2025, registered at Police Station Rajadevri, District - Balodabazar- Bhatapara, (C.G.) for the o昀昀ence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 5 and the applicant fails to appear before the Court on the date 昀椀xed 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 昀椀xed 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 su昀케cient 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. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan