1 2025:CGHC:17220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1465 of 2025 1. Loknath Verma S/o Gaidsing Verma Aged About 32 Years R/o Village Salouni, Police Station And Tahsil Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) 2. Vishnu Verma S/o Salikram Verma Aged About 48 Years R/o Village Salouni, Police Station And Tahsil Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Out Post Jalbandha, Police Station Khairagarh, District Khairagarh- Chhuikhadan-Gandai (C.G.) ... Non-applicant For Applicants : Mr. Praveen K. Dhurandhar, Advocate. 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 applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they has been arrested in connection with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 14:41:27 +0530 2 Crime No. 46/2025, registered at Out post Jalbandha, Polie Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 34(2) and Section 42 of the C.G. Excise Act. 3. According to the brief facts of the prosecution case, on 05.02.2025, at around 4:10 PM, the police were conducting patrolling. During the patrolling, they received information that the applicants were carrying illicit liquor on a motorcycle. Thereafter, a raid was conducted by the police, in which 27 bulk liters of English liquor were seized from the applicants. 4. It is argued by the learned counsel for the applicants that the applicants are falsely implicated in this case. He also submits that the present applicants have no criminal antecedents. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicants are in jail since 05.02.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicants. 5. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicants have no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the joint possession of the present applicants 27 bulk liters of English liquor were seized, therefore, they are not entitled for grant 3 of bail. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous antecedents and also considering the fact that the charge-sheet has been filed and they are in jail since 05.02.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 8. Let applicants, Loknath Verma and Vishnu Verma, involved in Crime No. 46/2025, registered at Out post Jalbandha, Polie Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 34(2) and Section 42 of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient 4 cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear 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 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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. 9. 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 Abhishek