Gorelal vs The State Of Chhattisgarh on 27 May, 2025

Chattisgarh High Court

Gorelal vs The State Of Chhattisgarh on 27 May, 2025

Author: Ramesh Sinha

Bench: Ramesh Sinha

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AMIT signed
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PATEL AMIT
      PATEL                                                                  2025:CGHC:22402
                                                                                             NAFR

                               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                MCRC No. 4029 of 2025

                   1 - Gorelal S/o Shri Ramsingh Aged About 19 Years R/o Village - Balouda, Thana -
                   Gidhouri-Tundra, District Balodabazar-Bhatapara (C.G.)
                                                                                ... Petitioner(s)
                                                         versus
                   1 - The State Of Chhattisgarh Through - Excise Officer, Excise Circle Kasdol, Distt.
                   Balodabazar-Bhatapara (C.G.)
                                                                              ... Non-applicant
                   For Applicant                  : Mr. Sunil Sahu, Advocate.
                   For Non-applicant/State : Mr. Ankur Kashyap, Dy. GA
                                Hon'ble Shri Ramesh Sinha, Chief Justice

                                                   Order on Board
                  27.05.2025

                   1.

The applicant has preferred this First Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of

regular bail, as he has been arrested in connection with Crime No.

04/2025, registered at Police Station Excise Circle Kasdol, District –

Balodabazar – Bhatapara (C.G.) for the offence punishable under

Section 34(2), 59 (A)of the C.G. Excise Act.

2. The case of the prosecution, in brief, is that the police of Police

Station- Excise Circle Kasdol, District – Balodabazar – Bhatapara

(C.G.), received a secret information from the informant and on the

basis of the said information conducted a raid and seized 50.00
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bulk liters of country made liquor from the possession of the

applicant. Thereafter, Police has registered an aforesaid offence

against the present applicant.

3. It is argued by the learned counsel for the applicant that the

applicant is falsely implicated in this case. He also submits that the

present applicant has no criminal antecedents and the charge sheet

has been filed. He further submits that under Section 34(2) of the

Excise Act, minimum punishment is one year and maximum

punishment is three years, and the applicant is in jail since

25.04.2025 and the trial is likely to take some time for its

conclusion, therefore, he prays for grant of regular bail to the

present applicant.

4. On the other hand, the learned State counsel opposes the bail

application and submits that from the possession of the present

applicant 50.000 bulk liters of country made liquor was seized,

therefore, he is not entitled for grant of regular bail.

5. I have heard learned counsel for the parties and perused the case-

diary.

6. Taking into consideration the facts and circumstances of the case

and as submission made by learned counsel for the applicant that

the applicant has no criminal antecedents and charge-sheet has

been filed in this case and also considering the fact that the present

applicant is in jail since 25.04.2025 and conclusion of the trial is

likely to take some time, therefore, I am inclined to grant regular bail

to the present applicant.

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7. Let applicant, Gorelal, involved in Crime No. 04/2025, registered at

Police Station Excise Circle Kasdol, District – Balodabazar –

Bhatapara (C.G.) for the offence punishable under Section 34(2), 59

(A) of the C.G. Excise Act, be released on bail on furnishing

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,
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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.

8. Office is directed to provide a certified copy of this order to the trial

Court concerned for necessary information and compliance

forthwith.

Sd/-

(Ramesh Sinha)
Chief Justice

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