1 2025:CGHC:8378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1386 of 2025 Vinod Kumar Kumhar S/o Chamra Singh Aged About 36 Years R/o Village Naktikhar, P.S. Civil Line Rampur, Korba, Tehsil Korba, District Korba (C.G.). ... Applicant versus State Of Chhattisgarh Through Police Station Excise Circle Korba (Antarik), District Korba (C.G.). ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 180/2025 registered at Police Station- Excise Circle, Korba (Antarik), District- Korba (C.G.), for the offence punishable under Sections 34(1)(क)(ख), 34(2), 59(क) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that, as per secret information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 received from the informant, on the basis of such information, the police ofÏcials reached on the spot, conducted raid and have seized 26.46 liters of Desi Plain liquor from the possession of the applicant. Therefore the crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the said liquor has been seized from open place, not from the possession of the applicant. 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 in the present case, charge-sheet has filed before the competent Court and the applicant is in jail since 30.01.2025 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, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that the present applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court further, the quantity of liquor seized i.e. 26.46 liters of Desi Plain liquor. As such the present applicant 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 that there is no criminal antecedent of the present applicant and in the present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized i.e. 26.46 liters of Desi 3 Plain liquor from the possession of the applicant and he is in jail since 30.01.2025 and the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the applicant – Vinod Kumar Kumhar involved in Crime No. 180/2025 registered at Police Station- Excise Circle, Korba (Antarik), District- Korba (C.G.), for the offence punishable under Sections 34(1)(क)(ख), 34(2), 59(क) 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 Bharatiya Nyaya Sanhita. (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 4 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 the 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. directh. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal