1 2025:CGHC:54635 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8946 of 2025 Pawan Praja S/o Dukalu Praja Aged About 30 Years R/o Vijaypur, Ward No. 47, Tahsil And District Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Chakradhar Nagar, District Raigarh C.G. ... Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.11.2025 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. 296/2025, registered at Police Station : Chakradhar Nagar District – Raigarh (C.G.) for the offence punishable under Section 34(2) & 59(A) of the C.G. Excise Act. 2. The prosecution story that in brief is that on 30.06.2025 the police official have received information from the informant that the applicant is kept the country made liquor for purpose of selling the same, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 17:31:37 +0530 2 thereafter the police has conducted raid and recovered total 80 bulk liter of country made liquor from the illegal possession of the applicant, thereafter arrested the applicant for the alleged offences. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that That the seized article was not recovered from the exclusive possession of the applicant, and the alleged seizure prepared by the prosecution is false and fabricated, rendering the recovery and seizure highly doubtful. The applicant has been in judicial custody since 30.06.2025, the charge-sheet has already been filed before the competent Court, and the conclusion of the trial is likely to take considerable time. The applicant belongs to a poor family and is the sole earning member thereof. He is a permanent resident of the address mentioned in the cause title of the bail application, and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready and willing to furnish adequate surety and undertakes to abide by all such terms and conditions as may be imposed by this Hon’ble Court, 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 three criminal antecedents and that the charge-sheet has already been filed before the competent Court. He further submits that 80 bulk liters of country-made liquor were seized from the possession of the present applicant, therefore, he is not entitled to be granted bail. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by learned counsel 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 30.06.2025 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, Pawan Praja, involved in Crime No. 296/2025, registered at Police Station : Chakradhar Nagar District – Raigarh (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 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 4 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