1 2025:CGHC:9156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1474 of 2025 Chhotu @ Churaman Banjare S/o Late Ramprasad Banjare Aged About 36 Years R/o Goura Chowk, Makeshwar Ward, Dhamtari, District Dhamtari, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali Dhamtari, District Dhamtari, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Anil Kumart Gulati, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.02.2025 1. The applicant has preferred this Second 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. 406/2024, registered at Police Station City Kotwali Dhamtari, District Dhamtari (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.21 15:57:12 +0530 2 2. Case of the prosecution, in brief, is that on 24-10-2024, during the patrolling, secret information was received by the police through informant and on the basis of such information, the police intercepted the applicant and from the possession of applicant, total 7.560 bulk liter liquor has been seized and subsequently the applicant has been arrested for the commission of alleged offence. 3. Learned counsel for the applicant would submit that the first bail application of the applicant was rejected on merits vide order dated 17.01.2025 on the ground that the applicant has four criminal antecedents out of which, two cases were under the Excise Act pending against him. He further submits that out of the said two cases, he has already been acquitted in one of the case, he is languishing in jail since 24.10.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicants and also the submission advanced by learned counsel for the applicant. 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 first bail application of the applicant was rejected on merits vide order dated 17.01.2025 on the ground that the applicant has four criminal antecedents out of which, two cases were under 3 the Excise Act pending against him, but as of now, he has already been acquitted in one of the above mentioned two cases, he is languishing in jail since 24.10.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, as such, the Court is of the opinion that the applicant is entitled to be enlarged on bail. Hence, the bail application of the applicant is allowed. 7. Let applicant, Chhotu @ Churaman Banjare, involved in Crime No. 406/2024, registered at Police Station City Kotwali Dhamtari, District Dhamtari (C.G.) for the offence punishable under Section 34(2) of the C.G. 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 they 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 their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicants fail to appear 4 before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 them in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet