1 2025:CGHC:5615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 819 of 2025 Amar Singh @ Amaru Kenwat S/o Bharat Kenwat Aged About 55 Years R/o Village- Damru, Police Station City Kotwali, Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh. (Name of The Applicant And Name of Father of Applcant, Not Mentioned Properly In The Order Sheet) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh. (Name of P.S. Not Mentioned Properly In The Order Sheet) ... Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.01.2025 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. 03/2025, registered at Police Station : Balodabazar, District- Balodabazar-Bhatapara, (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.31 11:14:21 +0530 2 2. The case of the prosecution, in brief, is that the police of Police Station : Balodabazar, District- Balodabazar-Bhatapara, (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 10 bulk liters of country made liquor from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that the present applicant has 02 criminal antecedents, out of which, he has been acquitted in 01 case and 01 case is pending. 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 02.01.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 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 submits that the present applicant has 02 criminal antecedents, out of which, he has been acquitted in 01 case and 01 case is pending which shows that the applicant is habitual offender. She further submits that from the possession of the present applicant 10 bulk liters of country made liquor 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. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has 02 criminal antecedents, out of which, he has been acquitted in 01 case and 01 case is pending and further considering the fact that the charge-sheet has been filed and he is in jail since 02.01.2025 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, Amar Singh @ Amaru Kenwat, involved in Crime No. 03/2025, registered at Police Station : Balodabazar, District- Balodabazar-Bhatapara, (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 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 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 4 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 Rahul Dewangan