1 2025:CGHC:6539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1058 of 2025 1 - Ambeprasad S/o Late Vishvanath Sahu Aged About 36 Years Caste Sahu R/o Amka, Thana Podi Bachra, District Koriya (C.G.). 2 - Prem Singh S/o Hukum Say Aged About 45 Years Caste Gond, R/o Kalva, Thana Podi Bachra District Koriya (C.G.). ... Applicants versus State Of Chhattisgarh Through Excise Circle, Dipka District Korba (C.G.). .. Non-Applicant For Applicants : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 197/2025 registered at Police Station- Excise Cricle, Dipka District Korba (C.G.), for the offence punishable under Sections 34(1)(क), 34(2), 59(क) and 36 of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 09.01.2025, on being information received from the informant, the OfÏcers of concerned KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Police Station conducted a raid and have seized 135 bulk liters of Goa Special liquor from the possession of the applicants and subsequently the applicants has been arrested for the commission of alleged offences. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case and the said liquor has been seized from open place, not from the possession of applicants. He further submits that, charge-sheet has been filed in the present case and they are in jail since 09.01.2025. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicants are concerned, the applicant No. 1 has two criminal antecedents, one case is under the IPC and another case is under the preventive in nature and the applicant No. 2 has two criminal antecedents under the preventive in nature for which no explanation has been offered. She further submits that from the joint possession of the applicants i.e. 135 bulk liters of Goa Special liquor seized. Hence, they are not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicants and the fact that in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedent of the applicants are concerned, the applicant No. 1 has two criminal antecedents, one case is under the IPC and another case is under the preventive in nature and the applicant No. 2 has two criminal antecedents under the preventive in nature and further the quantity of liquor seized from the joint possession of the applicants i.e. 135 bulk liters of Goa Special liquor and they are in jail since 09.01.2025, further, the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the applicants- Ambeprasad and Prem Singh, involved in Crime No. 197/2025 registered at Police Station- Excise Cricle, Dipka District Korba (C.G.), for the offence punishable under Sections 34(1)(क), 34(2), 59(क) and 36 of the Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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. 4 (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal