Ramesh Sinha, J
1. 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. 377/2024 registered at Police Station Khairagarh, District - Kahairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act.
2. Case of the prosecution, in brief, is that on 19.09.2024 in the evening at about 17.05 pm, at the time of patrolling, Assistant Sub-Inspector Kamlesh Singh Banafar of Police Station Khairagarh received secret information that accused Shivam Rajak is transporting illicit liquor in huge quantity by a TVS Jupiter scooty without number and on the basis of secret information, the vehicle was stopped and on search, the co-accused was found to be in possession of 50 quarter of Romio country made plain liquor containing 180 ml in each and some other hand made country liquor, thus total quantity of 18 bulk liter and cash Rs. 9000/- was found. The co-accused failed to submit any legal and valid document for having huge quantity of liquor and he disclosed in his memorandum statement that he was working for Mukesh @ Mass Vishwakarma and Hirendra Sahu. The another co-accused Mukesh was taken to custody who disclosed in his memorandum that the present applicant involved in collecting illicit liquor through some minor children. The arrested accused persons were found involved in connection with offence, therefore, first information report was registered against them, spot map was prepared, statement of the witnesses were recorded, the accused persons were arrested and their arrest was informed to their family members. Charge-Sheet has not been filed and the matter is under investigation.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 18 bulk liters of 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 four criminal antecedents, out of which three are of the years 2017 and 2023 under the IPC and one is of the year 2023 under the Excise Act, the applicant is in jail since 24.09.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.
4. 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 four criminal antecedents of the years 2017 and 2023. She further submits that the 18 bulk liters of the country made liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. 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 four criminal antecedents, out of which two are of the year 2017, which are old and stale, one is of the year 2023 under the IPC, besides these, the applicant is having only one criminal antecedent, which is of the year 2023 under the Excise Act, further, he is in jail since 24.09.2024 and the charge-sheet has been filed in the present case and the 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.
7. Let the applicant - Chhotu @ Goldy Sarthi, involved in Crime No. 377/2024 registered at Police Station Khairagarh, District - Kahairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on their 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.
8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.
