1 2025:CGHC:61362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9124 of 2025 Salik Ram Sidar S/o Late Santu Sidar Aged About 40 Years Occupation- Labour, R/o Village- Barliya, Police Station Chakradhar Nagar, District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through-Station House OfÏcer, P.S. - Chakradhar Nagar, District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Prabhat Kumar Saxena, 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. 463/2025, registered at Police Station Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. As per the case diary, on the date of the incident i.e. 18.10.2025, the concerned police personnel of Police Station Kotra Road, headed by Head Constable Shri Ravi Kishore Sai, along with his staff, were on duty ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.17 11:16:59 +0530 2 for Excise Raid proceedings in the Town/Gramin area with a kit box. During that period, they received secret information from an informant that the applicant Salik Ram Sidar was in possession of liquor. On the basis of the said information, it was alleged that two persons were travelling on a motorcycle bearing registration No. CG-13-AL-3751 from village Regda to Barliya for the purpose of transporting and selling kachchi mahua liquor. After conducting search and enquiry, the police found a white plastic bag containing plastic jericans of 10-10 litre capacity and two two-litre Pepsi bottles, all filled with liquor. In total, 22 litres of kachchi mahua liquor were found. Upon demand, the applicant failed to produce any valid documents for the transportation of the said liquor. Thereafter, the concerned police recovered 22 litres of kachchi mahua liquor from the possession of the applicant in the presence of two witnesses. On the basis of the said complaint, the police of Police Station Chakradhar Nagar, District Raigarh (C.G.) investigated the matter and registered Crime No. 463/2025 for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant no criminal antecedents. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 18.10.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case-diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedents and also considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 18.10.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Salik Ram Sidar, involved in Crime No. 463/2025, registered at Police Station Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) 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 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 sufÏcient 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 4 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 sufÏcient 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. OfÏce 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 Abhishek