1 2025:CGHC:58945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7815 of 2025 Girit Verma @ Monu S/o Sukhnandan Verma Aged About 23 Years R/o Village- Chaurenga, Thana - Simga, Distt.- Baloda Bazar- Bhatapara (C.G.) ... Applicant versus The State Of Chhattisgarh Through Sho, Thana- Excise Circle Simga, Distt.- Baloda Bazar- Bhatapara (C.G.) (Thana Name Wrongly Mentioned) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 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. 33/2025, registered at Police Station – Excise Circle Simga District – Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2), 59(A) & 36 of the C.G. Excise Act. 2. The prosecution story in brief is that, on 17.07.2025, officers of Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.05 12:06:27 +0530 2 has received the secrete information from the informant with the averment that the applicant kept the liquor in car for the purpose of selling so the police officers have made the search and alleged to be seized about 135 bulk liter country made liquor therefore arrested the present applicant on the basis of doubt. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits the applicant is a 23-year-old innocent boy who has no involvement in the alleged offence, but has been arrested by the police merely on the basis of suspicion. The liquor in question was seized from an open place near the road, which neither belongs to the applicant nor was it recovered from his possession, and there is no material on record to establish that the applicant had exclusive possession or control over the said liquor. The seizure has been made from an open area, and the offence under the Chhattisgarh Excise Act has been registered against the applicant purely on the basis of doubt, therefore, he humbly prays that he be granted bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 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, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has 3 been in jail since 17.07.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Girit Verma @ Monu, involved in Crime No. 33/2025, registered at Police Station – Excise Circle Simga District – Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2), 59(A) & 36 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 his 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 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 4 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