1 2025:CGHC:55919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7805 of 2025 Jagannath Jangde S/o Shri Manglu Jangde Aged About 25 Years R/o Village- Taprada, Police Station And Tahsil Pussour, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- S.H.O. Of The Police Station - Pussour, District- Raigarh (C.G.) ... Respondent For Applicant : Shri Abhishek Saraf, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/11/2025 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 applicant who has been arrested in connection with Crime No.260/2025 registered at Police Station Pussour, District-Raigarh (C.G.) for the offence punishable under Sections 34(2), 59(A) of the C.G. Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.18 11:36:42 +0530 2 2. Case of the prosecution, in brief, is that on 15-09-2025 secret information received by an informant that, the present applicant along with another person kept total 10 liters handmade Mahua Liquor in plastic jerrycan carrying in motorcycle and stopped near Gotma Road by the police authority, so on the basis of that, applicant has been arrested on 15-09-2025 in offences punishable under section 34(2) 59(A) of the C.G. Excise Act has been registered against them. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 10 liters handmade Mahua Liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has one criminal antecedent under the Excise Act of the year 2023 which is pending, charge sheet has been filed, the applicant is in jail since 15/09/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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 and the applicant has one criminal antecedent under the Excise Act of the year 2023 which is pending. She further submits that 10 liters handmade Mahua Liquor was recovered from the possession of the applicant and co-accused therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, applicant has one criminal antecedent under the Excise Act of the year 2023 which is pending, he is in jail since 15/09/2025, charge-sheet has been filed and further considering the fact that conclusion of the trial may take some more time, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Jagannath Jangde, involved in Crime No.260/2025 registered at Police Station Pussour, District-Raigarh (C.G.) for the offence punishable under Sections 34(2), 59(A) of the C.G. Excise Act, 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri