2025:CGHC:56167 Digitally signed by VAISHALI VAISHALI LUCKY NAFR LUCKY NAGARIA NAGARIA Date:

2025.11.20

11:05:34 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8388 of 2025 • Basant Kumar Bhardwaj S/o Govindram Aged About 31 Years R/o Village- Saraipali, Chechang, Tahsil And Police Station- Dabhara, District- Sakti (C.G.)

... Applicant versus • State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station- Dabhara, District- Sakti (C.G.)

... Respondent (Cause title is taken from Case Information System)

For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

18.11.2025

1. The applicant has preferred this First Bail Application under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 295/2025, registered at Police Station – Dabhara, District – Sakti (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act.

2. The case of the prosecution, is that the Police of Police Station –

Police Station – Dabhara, District – Sakti (C.G.) has received a secret information through the informant and on the basis of such information the Police has seized a total of 30 bulk liters of Mahua liquor from the possession of the present applicant. Thereafter, the applicant has been arrested by the Police and the offence was registered.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedents registered against the present applicant under the Excise Act, which is pending. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 06.09.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant under the Excise Act, which is pending, and the charge-sheet has been filed in this case. It is further submitted that a total of 30 bulk liters of Mahua liquor has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedent registered against the present applicant, charge-sheet has been filed against the applicant and he is in jail since 06.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Basant Kumar Bhardwaj, involved in Crime No.

295/2025, registered at Police Station – Dabhara, District – Sakti (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