1 2025:CGHC:6808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1018 of 2025 Gokul Patwa S/o Shrawan Kumar, Aged About 30 Years, R/o Ward No. 24 Dallirajhara, District Balod, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Dallirajhara District Balod, C.G. ... Respondent(s) For Applicant(s) : Mr. Vidya Bhushan Soni, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.316/2024, registered at Police Station Dallirajhara, District Balod, C.G. for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in a nutshell is that on 07.11.2024, police on a KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information that two persons are trying to sell the liquor are traveling from Dallirajhara to Bhoyartola in their scooty, stopped and searched and seized 16,020 ml (16 ltrs) country made liquor from the accused person and registered the case against him. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and have been falsely implicated in this case. He further submits that the applicant is languishing in jail since 07.11.2024, though the charge-sheet has been filed, but the trial is likely to take some time for its conclusion. He later submits that so far as criminal antecedents of the applicants is concerned, he has only one previous case registered against him under the Excise Act, which is still pending. He also submits that co-accused, namely, Santu Yadav have already been granted by this Court vide order dated 02.01.2025 in MCRC No. 9001 of 2024 and the case of the present applicant is identical to that of the co-accused. He lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application submits that 16,020 ml (16 ltrs) country made liquor was recovered from the possession of the applicant. Hence, his bail application is liable to be rejected. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, quantity of liquor seized and the fact that so far as criminal antecedents of the applicant is concerned, he has only one previous 3 case registered against him under the Excise Act pending against him and further, co-accused, namely, Santu Yadav have already been granted by this Court vide order dated 02.01.2025 in MCRC No. 9001 of 2024 and the case of the present applicant is identical to that of the co-accused, charge-sheet has already been filed and he is in jail since 07.11.2024 and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 6. Let applicant, Gokul Patwa, involved in Crime No.316/2024, registered at Police Station Dallirajhara, District Balod, C.G. for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on his furnishing a 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 them 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 4 proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal