Sunil Nishad 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. 126/2025 registered at Police Station P.S. Excise Circle Tilda, Raipur (C.G.) for the offence punishable under Sections 34(1), 34(2) and 59(A) of C.G. Excise Act.

Case of the prosecution, in brief, is that on 02.10.2025, as per secret information received from the informant, the Police of Police Station P.S. Excise Circle Tilda, Raipur seized 8.820 bulk liters of handmade liquor from the possession of the applicant, which led to the registration of the alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 8.820 bulk liters of handmade 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 five criminal antecedents, out of which only one case is under the Excise Act, in which the applicant has already been acquitted and rest of the cases are under the IPC, further the applicant is in jail since 02.10.2025 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 and the applicant has five criminal antecedents. She further submits that 8.820 bulk liters of the handmade 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 and the fact that the applicant has five criminal antecedents, out of which only one case is under the Excise Act, in which the applicant has already been acquitted and rest of the cases are under the IPC, the applicant is in jail since 02.10.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed.

Let the Applicant-Sunil Nishad, involved in Crime No. 126/2025 registered at Police Station P.S. Excise Circle Tilda, Raipur (C.G.) for the offence punishable under Sections 34(1), 34(2) and 59(A) 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.