1 2025:CGHC:52601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8496 of 2025 Abdul Sattar S/o Late Hanif Khan Aged About 29 Years R/o Village- Dumarhar, P.S.- Babhani, Distt- Sonbhadra (U.P.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station- Raghunathnagar, Distt- Balrampur-Ramanujganj C.G. ... Respondent(s) For Applicant(s) : Mr. A.N. Pandey, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/10/2025 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 applicant who has been arrested in connection with Crime No. 115/2025 registered at Police Station Raghunathnagar, Distt- Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2 2. Case of the prosecution, in brief, is that on 24.08.2025, the Station House Officer of Police Station Raghunathnagar, Inspector Devendra Singh Thakur, along with his staff, was proceeding towards villages Janakpur and Kamalpur in a government vehicle (Bolero No. CG 03A 1214) for crime detection duty. During the course, they received secret information that an unknown person was transporting illegal country-made and foreign liquor from Uttar Pradesh to Chhattisgarh in a Bolero vehicle. Acting on the information, a blockade was set up at village Jhapar near the Chhattisgarh–Uttar Pradesh border, where a suspicious Bolero vehicle bearing registration No. MP 66 ZD 2001 was intercepted and searched. Upon inspection, 420 bottles (200 ml each) of illicit country liquor branded “Wah Orange,” manufactured in Uttar Pradesh, valued at ₹31,500/-, were recovered from the vehicle along with the Bolero itself, valued at ₹8,00,000/-, and other materials, totaling ₹8,31,500/-. The said vehicle was jointly possessed by the applicant/accused Abdul Sattar and co-accused Chandan Babu. Consequently, a Dehati Nalishi was prepared on the spot, and Crime No. 115/2025 under Section 34(2) of the Chhattisgarh Excise Act was registered at Police Station Raghunathnagar. After investigation, a charge sheet was filed before the competent court. The record indicates that a total of 84 liters of illicit country liquor was seized from the joint possession of the applicant and co-accused. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 84 liters of illicit country liquor was not seized from the exclusive possession of the applicant. 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 applicant has no criminal antecedent and co-accused, namely, Chandan Babu has already been granted bail by this Court vide order dated 13.10.2025 in MCRC No.8117 of 2025, copy of which is annexed as Annexure A/3, the applicant is in jail since 24.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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. She further submits that though the applicant has no criminal antecedent, but 84 liters of illicit country liquor was recovered from the joint possession of applicant and co-accused, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, further considering the fact that the applicant has no criminal 4 antecedent and co-accused, namely, Chandan Babu has already been granted bail by this Court vide order dated 13.10.2025 in MCRC No.8117 of 2025, the applicant is in jail since 24.08.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the applicant - Abdul Sattar, involved in Crime No. 115/2025 registered at Police Station Raghunathnagar, Distt- Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, be released on bail on his furnishing a 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 him 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, 5 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 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. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Akhil