1 2026:CGHC:325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10432 of 2025 Mukesh Korram S/o Vaturam Korram Aged About 37 Years (Father Name Vatu Korram Wrongly Mentioned In Order Sheet A/1 R/o Village Ghortalav Gondpara, Police Station Bagnadi District- Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Bagnadi District- Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sandeep Singh, Advocate. For Respondent(s) : Ms. Anusha Nayak, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 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 applicant who has been arrested in connection with Crime No. 24/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bagnadi District- Rajnandgaon (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 06.09.2025 as per secret information the police of Police Station Bagnadi District- Rajnandgaon seized 10 liters of liquor from the possession of present applicant, which led to the registration of allege offence against the applicant and subsequently, the applicant was arreted. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 10 liters of 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 two criminal antecedents under the Excise Act of the years 2017 and 2022, out of which, the case of year 2017 has been disposed of and case of year 2022 is pending, further the applicant is in jail since 06.09.2025 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 two criminal antecedents of the years 2017 and 2022 under the Excise Act. She further submits that 10 liters of liquor was 3 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 two criminal antecedents under the Excise Act of the years 2017 and 2022, out of which, the case of year 2017 has been disposed of and only one case, which is of the year 2022 is pending, the applicant is in jail since 06.09.2025 and the charge-sheet has been filed, further conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicant - Mukesh Korram, involved in Crime No. 24/2025 registered at Police Station Bagnadi District- Rajnandgaon (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 4 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. 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