Chandram Gond vs State Of Chhattisgarh

Ramesh Sinha, CJ

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.292/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act.

Case of the prosecution, in brief, is that the police has received a secret information from the informant on 29.07.2025 during town patrolling that in village Devari at near Raja Bricks Devari a person is having possession of country made liquor for selling purpose, acting on the said information, the police conducted a raid and found one person there upon asking who tells his name Chandram Gond and from his possession 10 liters country made liquor was recovered which was seized and an offence has been registered against him and he has been arrested by the police of PS Shivrinarayan.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 10 liters country made liquor, was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has two criminal antecedents under the Excise Act, out of which one case is disposed of and other case is pending in which the applicant is on bail, charge sheet has been filed, the applicant is in jail since 29/07/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would submit that the applicant has two criminal antecedents which has been explained in para 4a of the bail application. He further submits that 10 liters country made liquor, was recovered 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, further the fact that applicant has two criminal antecedents under the Excise Act, out of which one case is disposed of and other case is pending in which the applicant is on bail, he is in jail since 29/07/2025, the charge-sheet has been filed and further considering the fact that 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 and it is directed that the applicant - Chandram Gond, involved in Crime No.292/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of 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 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 Bharatiya Nyaya Sanhita.

(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 the 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 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.