1 2025:CGHC:56073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8380 of 2025 Sheikh Ashraf S/o Late Ahmed Kureshi Aged About 40 Years R/o Jhalmala P.S. Seepat, District Bilaspur (C.G.) (Wrongly Mention Annexure -A/1) ... Applicant versus State of Chhattisgarh Through Police Station Excise Circle Seepat, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, 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. 85/2025, registered at Police Station Excise Circle Seepat – Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Section 34(1)(A), 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station Excise Circle Seepat – Bilaspur, District – Bilaspur (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 28 bulk liters of desi liquor (Kachi Mahua) from the possession of the present applicant. Thereafter, Police has ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.20 12:01:19 +0530 2 registered an aforesaid offence against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the present applicant has two criminal antecedents, which have already been disposed of. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 08.09.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the possession of the present applicant 28 bulk liters of desi liquor (Kachi Mahua) was seized, therefore, he is not entitled for grant of 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, the fact that no previous antecedents are pending against him, and also considering that the charge-sheet has been filed and he has been in jail since 08.09.2025, and that the conclusion of the trial is likely to take some time, I am therefore inclined to grant regular bail to the applicant. 7. Let applicant, Sheikh Ashraf, involved in Crime No. 85/2025, registered at Police Station Excise Circle Seepat – Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Section 34(1)(A), 34(2) and 59(A) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 3 (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 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 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek