1 2025:CGHC:53089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7660 of 2025 1 - Siyaram Netam S/o Shri Tulsiram Netam Aged About 42 Years By Caste- Kalar, 2 - Sandeep Pandey S/o Shri Ramsingh Pandey Aged About 31 Years, Both are R/o Village- Tumsanar, Thana- Amabeda, Distt.- North Bastar Kanker (C.G.) 3 - Satish Thakur S/o Shri Beni Madhav Thakur Aged About 52 Years R/o Rajapara, Kanker, Thana And Tahsil- Kanker, Distt.- North Bastar Kanker (C.G.) ... Applicants versus The State Of Chhattisgarh Through Station House Officer P.S. Kanker, Distt.- North Bastar Kanker (C.G.) ... Respondent For Applicants : Shri Rajendra Patel, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:42 +0530 2 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 applicants who have been arrested in connection with Crime No.313/2025 registered at Police Station Kanker, Distt. N.B. Kanker (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 29.08.2025 the police of Police station Kanker, Distt. N.B. Kanker have received the secret information from the informant with the averment that at N.H. no. 30 near Gadhpichhwadi Chowk Bypass road two persons have kept the liquor in plastic bottle and searching the costumers so the police has made the search and alleged to be seized 22 Bulk Litre country made liquor from Siyaram Netam, 20 Bulk Litre liquor from Sandeep Pandey and recorded the statement of applicant no. 1 & 2 in which they have stated that the liquor is to be sold to Applicant no. 3 therefore the police has arrested all the accused persons by seizing the liquor which is 42.00 bulk liter and after completing the investigation file the charge sheet. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated. He would submit that the applicants No. 1 and 2 were arrested merely on suspicion, and 3 applicant No. 3 was arrested solely on the basis of their memorandum, though no liquor was seized from him. He would submit that the applicants are tribal persons residing in the scheduled area of District Kanker, and the liquor allegedly found was kept only for personal consumption and traditional functions and no independent witnesses were properly involved, and the liquor was seized from an open place, not from the applicants’ exclusive possession. He would submit that the applicants No. 1 and 2 have no criminal antecedents and applicant No.3 has 33 criminal antecedents which has been explained by filing affidavit and at present only one case under the Excise Act is pending. He would submit that charge sheet has been filed, applicants are 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 applicants. 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 would submit that applicants No. 1 and 2 have no criminal antecedents and applicant No.3 has 33 criminal antecedents which has been explained by filing affidavit and at present only one case under the Excise Act is pending. She further submits that 22 Bulk Litre country made liquor was recovered from the possession of the applicant No.1 and 20 Bulk Litre liquor was recovered from the 4 possession of the applicant No.2 which was to be sold to applicant No.3, therefore, there are 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 applicants, further the fact that applicants No. 1 and 2 have no criminal antecedents and applicant No.3 has 33 criminal antecedents, out of which most of the cases are old and stale and at present only one case under the Excise Act is pending, applicants are 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 applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Siyaram Netam, Sandeep Pandey & Satish Thakur, involved in Crime No.313/2025 registered at Police Station Kanker, Distt. N.B. Kanker (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on 5 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 6 applicants are 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 them 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