1 2025:CGHC:59775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9391 of 2025 Mehattar Baghel S/o Rajkumar Baghel Aged About 35 Years R/o Village Fullimuda, P.S. Devbhog, Distt. Gariyaband, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Devbhog, Distt. Gariyaband, Chhattisgarh. ... Non-applicant For Applicant : Ms. Pooja Yadav, Advocate. For Non-applicant/State : Mr. Soumya Rai, 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. 282/2025, registered at Police Station : Devbhog District – Gariyaband (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 30.06.2025 the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.10 12:17:55 +0530 2 official have received information from the informant that the applicant is kept the country made liquor for purpose of selling the same, 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 applicant is innocent and has not committed any offence as alleged by the police, and he has been falsely implicated in a fabricated and concocted prosecution story. The alleged liquor was neither seized from the applicant nor was it in his exclusive or conscious possession, and there is no material to show that he possessed, transported, or sold any illicit liquor. The police have seized the alleged liquor from an open place which was not in the exclusive possession of the applicant, and anyone could have kept anything there, which clearly demonstrates the falsity of the allegations. There is also no allegation of any risk to human life from the said liquor. The applicant is a poor person, the sole breadwinner of his family, with no criminal background, and his small children are entirely dependent on him. The applicant has been languishing in jail since 02.02.2025, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 11.10.2025 and 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, Mehattar Baghel, involved in Crime No. 282/2025, registered at Police Station : Devbhog District – Gariyaband (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 4 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 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