1 2025:CGHC:53405 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7717 of 2025 Sundar Dewangan S/o Jageshar Aged About 45 Years Chihrabhata Churikala Thana Katghora Tahsil Katghora District - Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Katghora, District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 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. 297/2025, registered at Police Station : Katghora District – Korba (C.G.) for the offence punishable under Section 34(1)(A)(B), 34(2) & 59(A) of the C.G. Excise Act. 2. The prosecution case, in brief, is that the applicant/accused Sundar Devangan was found in possession of 55 litres of raw Mahua liquor and a sale amount of Rs. 140, which were seized by the Katghora Police Station. On the basis of the seizure, an offence was registered against the applicant under the relevant provisions of the Chhattisgarh 2 Excise Act, 1915. During investigation, it was revealed from the report of the Katghora Police Station that there is no previous offence recorded against the applicant under the Excise Act. The case is presently at the remand stage, and investigation is still in progress. The prosecution alleges that the seized quantity of 55 litres of Mahua liquor is of such a large amount that it appears to have been kept by the applicant for commercial use rather than for personal consumption. Therefore, the prosecution submits that granting bail to the applicant at this stage may lead to the possibility of similar offences being committed in future. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that there is no direct or cogent evidence to substantiate the claim that he committed the alleged offence. The applicant asserts that no prima facie case is made out against him under Sections 34(1)(A)(B), 34(2), and 59(A) of the Chhattisgarh Excise Act, 1915. The prosecution’s case is riddled with inconsistencies and contradictions, and the evidence collected during the investigation is insufficient to prove the charges beyond a reasonable doubt. The applicant emphasises that every accused person is presumed innocent until proven guilty, and denial of bail would amount to pre-trial punishment, contrary to the principles of justice. The applicant undertakes not to tamper with evidence or influence any witnesses and assures the Hon’ble Court that he is a law-abiding citizen with deep roots in the community, leaving no risk of absconding. He further assures that he will remain available for trial and comply with all conditions imposed by this 3 Hon’ble Court if granted bail, and he is willing to furnish adequate surety to ensure his presence during trial. The applicant submits that he is the sole breadwinner of his family and denial of bail would cause undue hardship to his dependents. He is also suffering from health issues requiring regular medical attention, which may not be adequately available in custody. The applicant has no previous criminal record and has been in jail since 19.08.2025. He is a permanent resident of the address mentioned in the cause title, hence there is no likelihood of his absconding or tampering with prosecution witnesses. The applicant is ready to furnish adequate surety and undertakes to abide by all directions and conditions that may be imposed by this Hon’ble Court while granting bail. He also reserves the right to raise any other relevant grounds at the time of hearing with the leave of 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 submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 19.08.2025, and that the conclusion of the trial may take some more time, this Court is of the 4 considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Sundar Dewangan, involved in Crime No. 297/2025, registered at Police Station : Katghora District – Korba (C.G.) for the offence punishable under Section 34(1)(A)(B), 34(2) & 59(A) 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 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