1 2025:CGHC:11239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1695 of 2025 Vijay Prajapati S/o Lt. Lokeshwer Prajapati Aged About 37 Years Kasaniya, Police Station- Katghora, District Korba, Chhattisgarh, Taluka- Korba, District Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station - Excise Circle Katghora, District Korba, Chhattisgarh. ...Non-Applicant For Applicant : Mr. Kunwar lal Sahu, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06/03/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 118/2025 registered at Police Station- Excise Circle Katghora, District Korba (C.G.), for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. Case of the prosecution, in brief, is that an examination of the case diary reveals that 67 liters of Mahua liquor were seized from the applicant/accused, Vijay Prajapati, in Poochapara village. Although the applicant's address is listed as Kasaniya, the liquor was confiscated from a courtyard near government land, adjacent to the residences of Vinita Sarathi and Lalita Sarathi, as indicated on the map, at 3:00 pm. The applicant's claim that he visited Lalita Sarathi's residence to obtain liquor after returning from work is deemed unreliable, as laborers typically return home in the evening. Furthermore, despite the applicant's allegations of Lalita Sarathi's prior criminal records related to liquor sales, no supporting documents were provided, rendering his statement untrustworthy. According to the case diary, the liquor seizure occurred near a public place and government land, suggesting a tendency to transport and sell illicitly manufactured liquor in the area. This indicates the applicant/accused's involvement in the crime. The investigation is ongoing, and the case is currently at the remand stage. The seized liquor quantity, 67 liters, implies commercial use rather than personal consumption. Given this, it is uncertain whether the applicant/accused would refrain from committing similar crimes if granted bail. Additionally, the CIS records show four other cases registered against the applicant/accused under the Excise Act. Considering these factors and the provisions of Section 59(2) of the CG Excise Act, 1915, the applicant's bail plea is being evaluated. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has four previous criminal antecedents, out of which three are under the Excise Act in which he has already been acquitted, and one case in which the State counsel shown the another Crime No. 101/2023 at Police 3 Station Pasan, but the accused mentioned in this crime number is another persons, the explanation of the same has been annexed as covering memo of this bail application. He also submits that the charge- sheet has been filed in the present case and the applicant is in jail since 25.01.2025. It is further argued by him 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. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the applicant has four previous criminal antecedents. He has further submitted that total 67 liters of Mahua liquor were seized from the possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicant has four previous criminal antecedents, out of which three are under the Excise Act in which he has already been acquitted, the charge-sheet has been filed which is taken on record and he is in jail since 25.01.2025. Further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Vijay Prajapati, involved in Crime No. 118/2025 registered at Police Station- Excise Circle Katghora, District Korba (C.G.), for the offence 4 punishable under Sections, 34(1)(A), 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 him under Section 269 of BNS. (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 BNS. (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 5 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti