1 2025:CGHC:61074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9059 of 2025 Ajit Banjara S/o Late Manglu Banjara Aged About 35 Years R/o Village- Risora, Police Station Sariya, District- Sarangarh-Bilaigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through- Police Station Sariya, District- Sarangarh- Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Deepak Kumar Singh, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.12.2025 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. 217/2025 registered at Police Station - Sariya District Sarangarh- Bilaigarh (C.G.), for the offences punishable under Sections 34(2) & VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.16 11:43:36 +0530 2 59(A) of the C.G. Excise act. 2. The prosecution story in brief is that on 17.09.2025 the Police of police station Sariya, District Sarangarh-Bilaigarh (C.G.), has received secrete information thereafter raid and seized the handmade Mahua liquor 16 bulk liters from the possession of the applicant, therefore concern Police has registered crime number 217/2025, offence under section 34(2), 59(A) of the Chhattisgarh Excise Act against applicant. After completion of investigation charge sheet submitted before Chief Judicial Magistrate Sarangarh, District Sarangarh-Bilaigarh (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the seized liquor was not in the exclusive and conscious possession of the applicant; the alleged offence is triable by the Judicial Magistrate First Class; the applicant has been in judicial custody since 17.09.2025; there is no criminal antecedent against the applicant; the applicant is a permanent resident of the address mentioned in the cause title of the bail application and there is no likelihood of his absconding; and the applicant is ready and willing to furnish adequate security and to abide by all the directions and conditions that may be imposed by this Hon’ble Court while granting bail, besides raising any other grounds at the time of hearing with the permission of this Hon’ble Court, therefore, he prays for grant of regular bail to the present 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 two criminal 3 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. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicants, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 17.09.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicant – Ajit Banjara, involved in Crime No. 217/2025 registered at Police Station - Sariya District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 34(2) & 59(A) of the C.G. Excise act, be released on bail on his 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 his under 4 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 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav