1 2025:CGHC:7316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1052 of 2025 Kashi Ram S/o Late Jhanglu Ram Aged About 65 Years R/o Village Itwa Police Staion And Tahsil Masturi District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Excise Circle Masturi District - Bilaspur (C.G.) ... Non-applicant For Applicant(s) : Mr. Amit Kumar, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2025 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.156/2025, registered at Police Station- Excise Circle Masturi, District-Bilaspur, (C.G.) for the offence punishable under Section 34(1), 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in a nutshell is that as per secret information received from the informant on 17.01.2025, the concerned police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 ofÏcials reached at concerned spot and there conducted raid and have seized 60 liters of (Mahua) country made liquor from the possession of the applicant. Therefore, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedent under the Excise Act of the year 2018 in which he has been acquitted by the learned trial Court. He further submits that the charge-sheet has been filed in the present case before the competent Court and he is in jail since 17.01.2025. 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 applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has one previous criminal antecedent under the Excise Act of the year 2018 and further the quantity of liquor seized i.e. 60 liters of country made mahua liquor. Hence, the applicant is not entitled for grant of bail. 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 3 antecedent of the applicant is concerned, he has only one previous case registered against him under the Excise Act of the year 2018 in which he has already been acquitted by the learned trial Court and in the present case, charge-sheet has already been filed and he is in jail since 17.01.2025 and conclusion of the trial is likely to take some time hence, I am inclined to allow this bail application. 6. Let applicant, Kashi Ram, involved in Crime No.156/2025, registered at Police Station- Excise Circle Masturi, District- Bilaspur, (C.G.) for the offence punishable under Section 34(1), 34(2) and 59(A) 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