Order on Board

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. 300/2025-2026, registered at Police Station – Excise Circle Sakti, 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 – Excise Circle Sakti, 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 08 liters of Mahua liquor from the possession of the 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 are 6 criminal antecedents of the applicant out of which only one 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 20.02.2026 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 are 6 criminal antecedents of the applicant out of which one is pending, and the charge-sheet has been filed in this case. It is further submitted that a total of 08 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 are 6 criminal antecedents of the applicant out of which only one is pending, charge-sheet has been filed against the applicant and he is in jail since 20.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Shiva, involved in Crime No. 300/2025-2026, registered at Police Station – Excise Circle Sakti, 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 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 defa