1 2025:CGHC:13683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 974 of 2025 Ashutosh Alias Aman Sahu S/o Suresh Sahu Aged About 20 Years H R/o- B.S.U.P. Colony Daldalsivani, Raipur, Tehsil And District Raipur (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Police Station- Excise Circle Dharshiva, District Raipur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Ghanshyam Kumar, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.03.2025 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. 168/2025, registered at Police Station : Excise Circle, Dharshiva District- Raipur (C.G.) for the offence punishable under Section 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, Dharshiva, District- Raipur (C.G.), upon receiving an information during patrolling, a search was conducted in the presence of the applicant/accused in the presence of witnesses KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 in the suspected house, in 03 bag written Rajshree in which 360 pieces and 02 pieces khaki colored bag130 pieces, total 490 pieces of Paw Sholay brand country liquor masala total quantity 88.2 bulk Litters were recovered. The applicant/accused was served a notice and asked to produce valid documents regarding the possession of the said country liquor masala but he failed to provide the same thereafter, he was arrested on the spot for the alleged commission of offence. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has only one criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. He further submit that 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 16.01.2025. He further submits that the alleged offence has not been committed by the applicant as the liquor has been seized from the another persons’s house and the applicant is not owner of the house where the incident took place, he had gone meet the house owner only because he knew him. He further stated that the owner of the said house fled from there on seeing the Excise Circle Police and the applicant/accused has been made an accused out of malice, whereas he was not aware of illegal liquor being kept in the said house and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has 3 been filed before the competent Court and the applicant has one criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. total 88.2 bulk litters of liquor from the possession of the present applicant, 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, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has only one criminal antecedent and in the present case, charge-sheet has been filed before the competent Court which is taken on record, further the quantity of liquor seized from the possession of the applicant i.e. 88.2 bulk liters of liquor and he is in jail since 16.01.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Ashutosh Alias Aman Sahu, involved in Crime No. 168/2025, registered at Police Station : Excise Circle, Dharshiva District- Raipur (C.G.) for the offence punishable under Section 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:- (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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal