1 2025:CGHC:59776 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9350 of 2025 Umesh Joshi S/o Late Rajesh Joshi Aged About 21 Years Resident Of Near Jai Stambh Infront Of Lakky Traders Santoshi Nagar, P.S.Tikrapara, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Tikrapara, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.12.2025 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. 787/2025, registered at Police Station : Tikrapara District – Raipur (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 the date of incident, police has received information by informant that unknown person have kept VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.10 12:17:56 +0530 2 illegal liquor to sale and police has seized 17.280 liter country made masala sholey liquor from possession of the applicant at open place and police has registered a case for offence punishable under section 34 (2) of the Excise Act against applicant and hence this bail application is being preferred before the Hon'ble Court. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that the applicant had no knowledge of the seized liquor, as the alleged illicit liquor was recovered from an open place at the spot of the incident, which is a commonly accessible utility area; that the applicant is a poor and innocent person and the sole earning member of his family, and if bail is not granted, his minor children will be adversely affected with respect to their care and studies; and that the applicant has been in jail since 06.10.2025, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application and does not endorse the submissions made by the learned counsel for the applicant. She submits that the applicant has two criminal antecedents and that the charge-sheet has already been filed before the competent Court. He further submits that 17.280 bulk liters of country-made masala sholey liquor were seized from the possession of the present applicant, therefore, he is not entitled to be granted bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by learned counsel 3 for the parties, further considering the facts and circumstances of the 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 applicants are in jail since 06.10.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let applicant, Umesh Joshi, involved in Crime No. 787/2025, registered at Police Station : Tikrapara District – Raipur (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 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 4 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