1 2025:CGHC:56072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9281 of 2025 Surendra Kumar Banjare S/o Manohar Lal Banjare Aged About 39 Years R/o Village Navapara (Kh.) Levai Khisora, Police Station Baloda, District Janjgir- Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Excise Circle Baloda, District Janjgir-Champa, Chhattisgarh. ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.11.2025 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. 115/2025 registered at Police Station Excise Circle Baldoa, District Janjgir-Champa (C.G.), for the offence punishable under Sections 34(1)(A), 34(2) of the C.G. Excise Act against the present applicant. 2. As per the brief prosecution story, on 25.09.2025, police ofÏcers of the Excise Circle, Baloda, District Janjgir-Champa (C.G.), seized 9 bulk litres of country-made (Mahua) liquor from the possession of the applicant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.20 12:01:01 +0530 2 based on information provided by an informer. Thereafter, he was subsequently arrested by the concerned prosecution authorities. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further argued that the applicant has three criminal antecedents. 01 of a preventive nature, and two cases under the Excise Act. In one of those cases, a fine has already been imposed, and the remaining case is still pending. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicant has been in jail since 25.09.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the applicant has only one criminal antecedent pending against him under the Excise Act, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 25.09.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Surendra Kumar Banjare, involved in Crime No. 115/2025 registered at Police Station Excise Circle Baldoa, District 3 Janjgir-Champa (C.G.), for the offence punishable under Sections 34(1) (A), 34(2) of the C.G. Excise Act against the present applicant, be released on bail on his furnishing a personal bond with two 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 sufÏcient 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 his, 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 4 sufÏcient 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. OfÏce 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 Abhishek