1 2025:CGHC:61333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9354 of 2025 Saheb Lal Satnami S/o Baldu Satnami Aged About 55 Years Caste Satnami, R/o Village Bodsara, Thana Jaijaipur, District : Sakti, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through - Police Station Jaijaipur, District : Sakti, Chhattisgarh ... Non-applicant For Applicant : Mr. Titra Ram Patel, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, 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. 304/2025, registered at Police Station : Jaijaipur District – Sakti (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 prosecution case on VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.17 11:14:11 +0530 2 11/10/25 as per secret information received from informant police made search near Nawatatla Pond and seized 38 litre Kachhi Mauha liquor from possession of applicant. Thereafter police arrested the applicant on 11/10/25. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. The applicant is about 55 years of age and has been in judicial custody since 11.10.2025, he is a well-reputed person and his prolonged detention, particularly in the company of hardened criminals, would seriously prejudice his family life. It is further submitted that the alleged liquor was seized from an open place and not from the conscious or exclusive possession of the applicant. The case is triable by a Magistrate First Class and no useful purpose would be served by keeping the applicant in further custody. The applicant is a permanent resident as shown in the cause title, there is no likelihood of his absconding or tampering with the evidence, and he undertakes to abide by all directions and conditions that may be imposed by this Hon’ble Court. Hence, it is prayed that the applicant be enlarged on bail. 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 that the applicant has three previous criminal antecedents under Istegasha, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in jail since 11.10.2025, and further considering that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Saheb Lal Satnami, involved in Crime No. 304/2025, registered at Police Station : Jaijaipur District – Sakti (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