1 2025:CGHC:56190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8279 of 2025 Kartikram Jatwar S/o Dharam Singh Aged About 55 Years R/o Village Mudpar, Tahsil And Police Station - Hasaud, Distt. - Sakti Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Hasaud, Distt. - Sakti Chhattisgarh ... Non-applicant For Applicant : Ms. Raveena Tandan, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, 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. 138/2025, registered at Police Station : Hasaud District – Sakti (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story in brief is that on 19.08.2025, the police got information and on investigation they found a person coming by motorcycle. Police interrupted him and on enquiry found 5.4 liters of foreign liquor and less than 1 liter of country liquor. The police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.19 12:35:36 +0530 2 registered FIR under section 34(2) of CG Excise Act, arrested the applicant, investigated the matter and filed chargesheet before the competent court. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. She further submits the prosecution has failed to collect any material to justify his involvement. The mandatory procedures prescribed under the Excise Act were not followed, and a false case has been registered against him. The prosecution alleges seizure of 6.3 liters of foreign and country-made liquor from the motorcycle of the applicant, which is incorrect and amounts to false implication and he is in jail since 19.08.2025, therefore, she 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 three 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. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has already been filed, as well as the circumstance that the applicant has been in jail since 19.08.2025 and the conclusion of the trial is likely to take some time, without commenting on the merits of the case, I am inclined to grant regular bail to the present applicant. 3 7. Let applicant, Kartikram Jatwar, involved in Crime No. 138/2025, registered at Police Station : Hasaud District – Sakti (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