1 2025:CGHC:59777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9347 of 2025 Toran Dhiwar S/o Shiv Dhiwar, Aged About 36 Years R/o Nagar Panchayat Kunra, P.S. Dharsiwa, Dist. Raipur (C.G.).....(Name Of Nagar Panchayat And Age Of The Applicant Not Properly Mentioned In The Order-Sheet). ...Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Dharsiwa, Dist. Raipur (C.G.) ... Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, 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. 471/2025, registered at Police Station : Dharsiwa District – Raipur (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: 2025.12.10 12:17:57 +0530 2 01/10/2025, on the basis of secret information received from informant, the staff of P.S. Raipur reached place in village hatri chowk kunra where two accused person were indulge in sale of illegal liqor in a black colour plastic sack on motorcycle no. CG/04/NZ/1846, who were arrested by the police and they confiscated total 10.800 bulk litre of country made liquor (mahua) from the present applicant, On the basis of which the applicant was arrested by the police of Police Station Dharsiwa, Dist- Raipur (C.G.), for the alleged offence punishable under Section(s) 34(2) of the C.G. Excise Act 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that the learned Court below has failed to appreciate that the prosecution has miserably failed to establish the ingredients of the charge under Section 34(2) of the C.G. Excise Act against the applicant; because the Court below has stretched its imagination to an extent not permissible in law while rejecting the applicant’s bail, because the applicant has been intentionally implicated in the present case; because it is not in the interest of the prosecution to suggest that the applicant, if released on bail, would interfere with the trial or tamper with evidence; because the applicant undertakes to abide by any condition imposed by this Hon’ble Court, 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 01.10.2025 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, Toran Dhiwar, involved in Crime No. 471/2025, registered at Police Station : Dharsiwa District – Raipur (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