Ashok vs State Of Chhattisgarh

Ramesh Sinha, J

This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 89/2024 registered at Police Station - Excise Circle Masturi, Civil and Revenue District : Bilaspur (C.G.), for the offence punishable under Sections 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act.

Case of the prosecution, in brief, is that on 07.10.2024 the Police has received information by the informant during patrolling that one unknown has kept illegal liquor to sale and Police has seized total 110 bulk liters Kachhi Mahua liquor from possession of the applicant and Police has registered against the applicant under C.G. Excise Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has no previous criminal antecedents. He further submits charge-sheet has been filed which is taken on record and he is in jail since 07.10.2024. 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 the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

Learned counsel for the State/non-applicant opposes the bail application and submits that total 110 bulk liters Kachhi Mahua liquor has been seized from the possession of the applicant, therefore, he is not entitled for grant of bail.

I have heard learned counsel appearing 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 no previous criminal antecedent, the charge-sheet has been filed and and the applicant is in jail since 07.10.2024, 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.

Accordingly, the bail application is allowed. Let the applicant – Ashok, involved in Crime No. 89/2024 registered at Police Station- Excise Circle Masturi, Civil and Revenue District : Bilaspur (C.G.), for the offence punishable under Sections 34(1)(a), 34(2) and 59(a) 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 sufficient cause, the trial court may proceed against him under Section 269 of BNS.

(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 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 BNS.

(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 are 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 against him in accordance with law.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.