1 2025:CGHC:61340 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9244 of 2025 Govind Jolhe S/o Ravatram Aged About 27 Years R/o Village- Chuchubhata, Police Station- Dabhra, Tahsil - Dabhra, District- Sakti C.G ...Applicant versus State Of Chhattisgarh Through Police Station- Dabhra, District Janjgir- Champa C.G. ... Non-applicant For Applicant : Mr. Shivbhan Singh Banjare, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 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. 332/2025, registered at Police Station : Dabhra District – Janjgir- Champa (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story that in brief is that on 04.10.2025, the police of Police Station Dabhra, District Janjgir-Champa apprehended the applicant and found him in illegal possession of 60 litres of country- made liquor, in contravention of the provisions of the Chhattisgarh VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.17 11:14:10 +0530 2 Excise Act. Consequently, a written complaint was lodged and FIR bearing Crime No. 332/2025 was registered at Police Station Dabhra for the offence punishable under Section 34(2) of the C.G. Excise Act. The applicant was arrested on the same day in connection with the said crime and was taken into custody. On the basis of the aforesaid allegations and recovery, the present regular bail application has been filed by the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that Learned counsel for the applicant submits that the applicant is a young man aged about 28 years, innocent and falsely implicated in the present offence. The applicant is the sole breadwinner of his family and earns his livelihood by running a small footwear shop in the weekly village market; his continued detention would cause severe hardship to him and his family. It is further submitted that the applicant has earlier been falsely implicated in a similar liquor case involving 50 litres, in which he was acquitted in Criminal Case No. 487/2023 by judgment dated 04.07.2025 passed by the learned CJM, Sakti, District Janjgir-Champa. The applicant has been targeted due to prior enmity, as a family member of the complainant, namely Smt. Jyoti Jolhe, was allegedly involved in illegal sale of country-made liquor and apprehended that the applicant might inform the police, for which he was threatened earlier and had even approached the police with a complaint. Prima facie, no offence under Section 34(2) of the C.G. Excise Act is made out, there is no direct evidence connecting the applicant with the alleged recovery, and he has been falsely roped in, 3 therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has two criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 04.10.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. 7. Let applicant, Govind Jolhe, involved in Crime No. 332/2025, registered at Police Station : Dabhra District – Janjgir-Champa (C.G.) for the offence 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav