1 2025:CGHC:7337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1180 of 2025 Sanju Pawar S/o Kaliram Pardhi Aged About 30 Years R/o- Village Ghatiakhurd, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through- SHO, Police Station- Excise Circle Dhamdha, District- Durg (C.G.) … Non-Applicant For Applicant : Mr. Avinash Chand Sahu, Advocate (through Video-Conferencing) and Mr. Amit Nayank, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/02/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 266/2025 registered at Police Station- Excise Circle Dhamdha, District- Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 21.01.2025 a secret information was received by inspector of Police Station Excise Circle PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.10 18:51:41 +0530 2 Dhamdha, District - Durg (C.G.) that present applicant has stored illegal liquor and during investigation it was found that 50 piece of quarter was kept in one piece of bag out of which 10 piece were of front line blue whiskey and 40 piece of country liquor plain sholey of 180 ml each and 100 piece of goa special whiskey of 180 ml each were kept in another piece of bag Total 150 piece of 180 ml quarter, 27.00 bulk liters of country/foreign liquor worth rupees 18,800 was recovered from the possession of the present applicant and it is alleged that applicant is the owner of the seized liquor and on this basis the above case is registered against the present applicant. Hence this bail application amongst other alleged that applicant is the owner of the seized liquor. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has no previous criminal antecedents. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 21.01.2025. 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 that the applicant has no previous criminal antecedent. He further submits that total 150 piece of 180 ml quarter, 27.00 bulk liters of country/foreign liquor worth Rs. 18,800 was recovered from the possession of the present applicant. He has further submitted, therefore, he is not entitled for grant of bail. 3 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 no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 21.01.2025. 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- Sanju Pawar, involved in Crime No. 266/2025 registered at Police Station- Excise Circle Dhamdha, District- Durg (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 him under Section 269 of BNS. 4 (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 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