1 2026:CGHC:19980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2856 of 2026 1 - Akrant Dewar @ Babu S/o Late Taren@ Guddu Dewar Aged About 23 Years R/o Dewar Para, Kukurbeda, Aamanaka, Raipur (Cg) 2 - Vikram Dewan S/o Late Taren@Guddu Dewar Aged About 27 Years R/o Dewar Para, Kukurbeda, Aamanaka, Raipur (Cg) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Saraswati Nagar, District- Raipur (Cg) ... Respondent(s) For Applicant(s) : Mr. Rekhraj Baghel, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 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 applicants who have been arrested in connection with Crime No. 03/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Saraswati Nagar, District- Raipur (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 as per secret information received from the informant, the Police of Police Station Saraswati Nagar, District- Raipur seized 90 quarter of country made liquor from the possession of the applicants, and the applicants had failed to produced any documents regarding the same, which led to the registration of alleged offence against the applicants and subsequently, the applicants were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and 90 quarter of country made liquor was not seized from the exclusive possession of the applicants. 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 No.1 has five criminal antecedents, out of which, one is under the NDPS Act and four are under the IPC and applicant No.2 has thirteen criminal antecedents, out of which, two are under the Excise Act, seven are under the IPC and four are under the Arms Act, but only three cases are of the year 2021, 2022 and 2024, further the applicants are in jail since 02.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 3 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. He further submits that so far as the criminal antecedents of the applicants are concerned, applicant No.1 has five criminal antecedents, out of which, one is under the NDPS Act and four are under the IPC and applicant No.2 has thirteen criminal antecedents, out of which, two are under the Excise Act, seven are under the IPC and four are under the Arms Act, further 90 quarters of country made liquor was recovered from the possession of the applicants, therefore, they are 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 applicants and the fact that only 90 quarters of country made liquor was recovered from the possession of the applicants and so far as their criminal antecedents are concerned, applicant No.1 has five criminal antecedents, out of which, one is under the NDPS Act and four are under the IPC and applicant No.2 has thirteen criminal antecedents, out of which, two are under the Excise Act, seven are under the IPC and four are under the Arms Act, further considering the fact that the applicants are in jail since 02.01.2026 and the charge-sheet has been filed, further the conclusion of the 4 trial may take some more time, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicants - Akrant Dewar @ Babu and Vikram Dewan, involved in Crime No. 03/2026 registered at Police Station Saraswati Nagar, District- Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial 5 court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil