1 2025:CGHC:54282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7810 of 2025 Ajit Tandi S/o Shri Mani Tandi Aged About 31 Years R/o Village- Bhuneshwarpur, Thana- Paiekmal, District : Bargarh, Orissa ... Applicant versus State Of Chhattisgarh Through Officer Of Divisional Flying Squad Raipur, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 06.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 143/2025 registered at Police Station - Divisional Flying Squad District Raipur (C.G.), for the offences punishable under Sections 34(2), 36, 59(A) of the C.G. Excise Act. 2. The prosecution case in brief is that on 01.09.2025 The officers of Divisional Flying Squad Raipur, Distt. Raipur have received the secret information from the informant with the averment that the applicant has kept the Liquor for selling purposeat at village Khemda near Jonk VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 11:49:23 +0530 2 River So officers have made the search and alleged to be seized 330 Pouches of Hiran Brand Orissa Liquor which is 66.00 Bulk Liter Country made liquor which was kept in plastic bag and arrested the present applicant on the basis of doubt. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the applicant has no connection with the liquor in question, and there is no evidence on record to establish that the seized liquor, which was recovered from an open place near the Jonk River, was ever in his possession. The prosecution has failed to collect any material to show that the said place or the seized liquor belongs to the applicant, especially when several persons were present near the spot, and the police arrested the applicant merely on the basis of suspicion. It is further submitted that the prosecution did not carry out any proper measurement of the liquor and arbitrarily mentioned it as 66.00 bulk liters, and even the seizure witnesses were arranged without due process. The alleged offence is triable by the Judicial Magistrate First Class, the applicant has no previous conviction, and the trial is likely to take considerable time. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready and willing to furnish bail bond and surety to the satisfaction of this Hon’ble Court and undertake to abide by all terms and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 3 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 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 01.09.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let the Applicant – Ajit Tandi, involved in Crime No. 143/2025 registered at Police Station - Divisional Flying Squad District Raipur (C.G.), for the offences punishable under Sections 34(2), 36, 59(A) of the C.G. Excise Act, be released on bail on his 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav