1 2025:CGHC:56191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8276 of 2025 Narottam Sahu S/o Janak Ram Sahu Aged About 47 Years R/o Village- Khargahni, P.S. Kota, District- Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through- The Station House Officer, P.S. - Kota District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.11.2025 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. 873/2025, registered at Police Station : Kota District – Bilaspur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story in brief is that the applicant/accused is accused of stealing 60 litres of liquor fully packed in 04 yellow coloured plastic containers of 15 litres capacity each and he had kept in his VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.19 12:35:36 +0530 2 possession two white coloured jerrycans of 10-10 litre capacity, 10-10 litres full, hand-made Mahua liquor, totalling 80 litres worth Rs. 16000/-, without any valid document, which has been seized from the applicant/accused and finding the applicant/accused involved in the said crime, he was arrested on 08/09/2025 and since then he is said to be in Judicial custody. Hence this bail application. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits police has not seized any liquor from the possession of the applicant, and the police, without conducting a fair and proper enquiry, has falsely implicated him in the present case. The applicant has never been involved in any criminal activity and is a law-abiding citizen. He is the sole breadwinner of his family and his prolonged pre-trial detention will severely affect the livelihood of his family members. The applicant is in jail since 08.09.2025, therefore, he prays for 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 already been filed in the present case, and the applicant has one criminal antecedent, therefore, he is not entitled to be released on bail. 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 one criminal antecedent, 3 that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 08.09.2025, 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. Let applicant, Narottam Sahu, involved in Crime No.873/2025, registered at Police Station : Kota District – Bilaspur (C.G.) for the offence punishable under Section 34(2) 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 her 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 him 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 4 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