1 2025:CGHC:54229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8285 of 2025 Mohan Soni S/o Chatur Soni Aged About 45 Years R/o Village Bajadi, Police Station Devbhog, District Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Devbhog District- Gariyaband (C.G) ...Non-applicant For Applicant : Mr. Mohammad Afroz Athar, Advocate, appeared through V.C. For Non-applicant/State : Ms. Smriti Shrivastava, 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. 247/2025 registered at Police Station Devbhog, District - Gariyaband (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, it has been alleged that information was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 11:49:21 +0530 2 received at Police Station Devbhog that the applicant was engaged in manufacturing and selling country-made liquor at his residence. Acting upon the said information, the police conducted a raid at the applicant’s house, during which 21 liters of Mahua liquor were allegedly found in his possession. Consequently, the applicant was arrested, and an offence was registered against him at Police Station Devbhog, vide Crime No. 247/2025. 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 he has not committed any offence whatsoever the offence alleged against the applicant is not punishable with death or imprisonment for life, and the same is triable by the learned Judicial Magistrate First Class, the maximum punishment being up to three years. The trial of the case is likely to take considerable time; therefore, the applicant deserves to be released on bail. There is no necessity to keep the applicant behind bars as his further detention will serve no fruitful purpose the applicant is not a habitual offender and has no prior criminal antecedents. He has been in judicial custody since 29.08.2025, therefore, he prays for grant of regular bail to the present 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 diary. 6. Considering the facts and circumstances of the case, the nature and 3 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 29.08.2025, 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. Let the Applicant – Mohan Soni, involved in Crime No. 247/2025 registered at Police Station Devbhog, District - Gariyaband (C.G.), for the offences punishable under Section 34(2) 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 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 4 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