1 2025:CGHC:53090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7659 of 2025 Rajendra Kumar Sahu S/o Late Rammilan Sahu Aged About 45 Years R/o Semra, Chapora P.S. Ratanpur, Distt.- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Office, Police Station- Ratanpur, Distt.- Bilaspur (C.G.) ... Respondent For Applicant : Shri Vikas Upadhyay, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 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.562/2025 [wrongly mentioned in Annexure A1 (62/2025)] registered at Police Station Ratanpur, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:43 +0530 2 District Bilaspur (C.G.) for the offence punishable under Section 34(2) of Excise Act. 2. Case of the prosecution, in brief, is that on 29.08.2025, acting on secret information, police of Police Station Ratanpur, District Bilaspur laid a trap near Silli Mode, Village Podi. The applicant Rajendra Kumar Sahu, resident of Village Semra Chapora, was intercepted while transporting illicit country-made Mahua liquor on his Hero HF Deluxe motorcycle (Reg. No. CG-10-AJ-3102). Upon search in presence of independent witnesses, the police recovered 50 litres of hand-distilled illicit Mahua liquor, valued at about Rs.10,000, contained in one white can (25 L), one yellow can (15 L), and another yellow can (10 L), from a plastic sack on the motorcycle. As the accused failed to produce any valid licence or document for possession or transportation, the liquor and motorcycle were seized, and the accused was arrested. Consequently, an offence under Section 34(2) of the Chhattisgarh Excise Act, 1915 was registered, and investigation commenced. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 50 litres of hand-distilled illicit Mahua 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 two criminal antecedents one under the Gambling Act and another under the Excise Act, charge sheet has been filed, the applicant is 3 in jail since 29/08/2025 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 and the applicant has two criminal antecedents one under the Gambling Act and another under the Excise Act. He further submits that 50 litres of hand- distilled illicit Mahua liquor was recovered from the possession of the applicant, 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 and the fact that the applicant has two criminal antecedents one under the Gambling Act and another under the Excise Act, he is in jail since 29/08/2025, charge-sheet has been filed and further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajendra Kumar Sahu, involved in Crime No.562/2025 [wrongly mentioned in Annexure A1 (62/2025)] registered at Police Station Ratanpur, District Bilaspur (C.G.) for 4 the offence punishable under Section 34(2) of Excise Act, be released on bail on his furnishing a personal bond with two 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, 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. 5 (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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri