1 2025:CGHC:56455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8624 of 2025 1 - Krishna Gond S/o Laxman Aged About 23 Years R/o Village- Banari, Sabariya Dera, Police Station- Janjgir, District- Janjgir-Champa C.G. 2 - Gopal Gond S/o Ramkumar Gond Aged About 35 Years R/o Village- Banari, Sabariya Dera, Police Station- Janjgir, District- Janjgir-Champa C.G. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station- Janjgir, District- Janjgir-Champa C.G. ... Respondent For Applicants : Shri Paras Mani Shriwas, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.856/2025 registered at Police Station Janjgir, District- Janjgir- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.20 18:26:41 +0530 2 Champa C.G. for the offence punishable under Section 34 (2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on dated 15/09/2025, police officer's of Police Station-Janjgir, District-Janjgir-Champa (C.G.) have seized 100 bulk liter countries made (Mahua) liquor from Joint Possession of the applicants, as per information given by the informer, thereafter applicants had subsequently been arrested by concern prosecution authorities. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and 100 bulk liter country made (Mahua) liquor was not seized from the exclusive possession of the applicants. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicants have no criminal antecedents, charge sheet has been filed, the applicants are in jail since 15/09/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicants have no criminal antecedents. She further submits that 100 bulk liter country made (Mahua) liquor was recovered from the joint possession of the applicants, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicants, applicants have no criminal antecedents, they are in jail since 15/09/2025, charge-sheet has been filed and further considering the fact that conclusion of the trial may take some more time, therefore this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Krishna Gond & Gopal Gond, involved in Crime No.856/2025 registered at Police Station Janjgir, District- Janjgir- Champa C.G. for the offence punishable under Section 34 (2) of C.G. Excise Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri