1 2025:CGHC:17224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1379 of 2025 Sharda Netam W/o Charan Singh Aged About 30 Years R/o Village Kochena, Police Station Gariyaband, District Gariyaband Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gariyaband, District Gariyaband Chhattisgarh ... Non-applicant For Applicant : None. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 18/2025, registered at Police Station Gariyaband, District – Gariyaband (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 14:41:27 +0530 2 3. The case of the prosecution, in brief, is that the police of Police Station Gariyaband, District – Gariyaband (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 15 liters of country made kchchi Mahua liquor total amounting of Rs. 3000/- from the possession of the present applicant. Thereafter, Police has registered an aforesaid offence against the present applicant. 4. None appears nor is any representation made on behalf of the applicant to press this application when the case is called out. 5. It transpires from the record that the applicant is in jail since 04.02.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 6. Learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed before the competent Court. He submits that though the applicant has no criminal antecedents, 15 liters of country made kchchi Mahua liquor total amounting of Rs. 3000/- was recovered from the possession of the applicant, therefore, she is not entitled for grant of regular bail. 7. I have heard learned State counsel and perused the case-diary. 8. 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 antecedents and also considering the fact that the charge-sheet has been filed and he is in jail since 04.02.2025, conclusion of the trial is likely to take some 3 time, therefore, I am inclined to grant regular bail to the present applicant. 9. Let applicant, Sharda Netam, involved in Crime No. 18/2025, registered at Police Station Gariyaband, District – Gariyaband (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the 4 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 her in accordance with law. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 11. After the order passed Mr. C.R. Sahu, learned counsel for the present applicant appeared and submitted that his presence may be marked. Sd/- (Ramesh Sinha) Chief Justice Abhishek