CHHATTISGARH AT BILASPUR MCRC No. 6630 of 2025 · Chhattisgarh High Court

: Mr. N. K. Malaviya, Advocate. For State/Non-applicant : Ms. Monika Thakur, Panel Lawyer. ... Non-applicant Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board

22.08.2025

This is first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is arrested in connection with Crime No.75/2025 registered at Police Station Excise Circle Lormi, District Mungeli (C.G.) for the offence punishable under Sections 31(1)(क), 34(2) & 59(क) of the Chhattisgarh Excise Act, 1915.

The prosecution's case, in brief, is that on 18.07.2025 an information received by the Excise Officer from an informant that applicant is carrying country made liquour on his motorcycle, upon which, excise DEEPTI JHA NIRALA Digitally signed DEEPTI JHA NIRALA 2 party trapped the present applicant and recovered 18.18 bulk liters of country made liquor from his possession and registered the crime against the present applicant.

Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in crime in question. He further submits that charge has already been filed in the present case. It is further submitted that that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is further submitted by the learned counsel for the applicant that the applicant has two criminal antecedents at Crime No.42/2017 and Crime No.95/2017and four cases of Istagasa Nos.241/2014, 256/2013, 34/8 & 28/8, the applicant is in jail since

18.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that there two criminal antecedents and four cases of Istagasa regsitered against the applicant, therefore, he is not entitled for the grant of regular bail.

I have heard learned counsel for the parties and perused the case diary.

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 two criminal antecedents at Crime No.42/2017 and Crime No.95/2017and four cases of Istagasa Nos.241/2014, 256/2013, 34/8 & 28/8 and he is in jail since 18.07.2025 3 and the charge-sheet has been filed, 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.

Let the Applicant – Suresh Singh, involved in Crime No.75/2025 registered at Police Station Excise Circle Lormi, District Mungeli (C.G.) for the offence punishable under Sections 31(1)(क), 34(2) & 59(क) of the Chhattisgarh Excise Act, 1915 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 sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed 4 against him in accordance with law.

However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment.

Office 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