1 2026:CGHC:20973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4123 of 2026 Deepak Pasi S/o Jeevan Lal Aged About 40 Years R/o Village Lutuf, Chowki Belganha, Police Station Kota, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Chowki Belganha, Police Station Kota, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ankul Biswas, Advocate For State/Non-applicant : Ms. Palak Dwivedi, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.287/2026, registered at Police Station: Chowki Belganha, Police Station Kota, District Bilaspur ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.05 17:38:52 +0530 2 (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh, Excise Act. 2. That, the prosecution story in brief is that on 19.04.2026, the police, acting on secret information received from an informer, conducted a raid and during the said raid recovered 50 bulk liters of country-made Mahua liquor worth Rs. 5,000/- along with one motorcycle from the possession of the present applicant, and thereafter, the said liquor and vehicle were seized, a crime was registered against the applicant under the relevant provisions of law, and he was arrested in connection with the said offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not acted in the manner alleged by the prosecution. It is further submitted that the alleged liquor has not been recovered from the conscious possession of the applicant and the same was allegedly seized from an open place, thereby making the prosecution case doubtful. It is also submitted that the applicant is in custody since 19.04.2026 and the trial is likely to take considerable time for its conclusion. Learned counsel further submits that the applicant’s mother expired 3 on 03.05.2026 and a copy of the death certificate is annexed, and therefore the applicant may be released on bail to perform the last rites. It is also submitted that no charge- sheet has yet been filed. Hence, the applicant deserves to be released on bail. 4. Per contra, learned State counsel opposes the bail application and submits that the applicant has been rightly implicated in the present case on the basis of recovery effected during the raid, wherein a substantial quantity of 50 bulk liters of illicit Mahua liquor along with a motorcycle has been seized, which prima facie establishes his involvement in the offence. It is further submitted that the offence is serious in nature under the provisions of the Excise Act and releasing the applicant on bail at this stage may adversely affect the investigation. It is also contended that the grounds taken by the applicant, including personal circumstances, are not sufficient to grant bail. Therefore, the applicant is not entitled to be released on bail and the application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 4 6. Considering the facts and circumstances of the case, particularly the nature of allegations, the fact that no criminal antecedents are reported against the applicant, the alleged recovery of 50 bulk liters of Mahua liquor along with a motorcycle, and without expressing any opinion on the merits of the case, it is also taken into consideration that the applicant is in custody since 19.04.2026 and the charge-sheet has not yet been filed. Further, the fact that the applicant’s mother expired on 03.05.2026 and he has stated to have performed her last rituals is also taken into consideration. Therefore, this Court is of the considered view that further custodial detention of the applicant is not warranted and he deserves to be enlarged on bail. Accordingly, the application is allowed. 7. Let applicant, Deepak Pasi involved in Crime No.287/2026, registered at Police Station: Chowki Belganha, Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh, 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:- 5 (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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 6 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. 9. Certified copy today. Sd/- (Ramesh Sinha) Chief Justice Arpan