1 2026:CGHC:6861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 83 of 2026 1 - Dev Lal Dansena S/o Thakit Ram Dansena Aged About 53 Years R/o Village Jabalpur P.S. Bhupdevpur, Distt. Raigarh C.G. --- Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer Bhupdevpur, Distt. Raigarh C.G. --- Non-applicant For Applicant : Shri Manoj Jaiswal, Advocate. For State/Non-applicant : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.02.07 13:58:17 +0530 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 163/2025 registered at Police Station Bhupdevpur, District Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 23.11.2025, , during a village tour, the police of police station - Bhupdevpur received information that Devlal Dansena, a resident of Jabalpur village, was illegally selling handmade liquor in the forest on the banks of the Dansena river. Based on the above information, a raid was conducted on the spot along with his staff and seized 25 litres of handmade liquor worth Rs 2500/- from the possession of the applicant and registered the aforesaid offences against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 25 bulk liters of handmade liquor was not seized from the exclusive possession of the applicant. He also submits that the applicant has three criminal antecedents, which has been disposed of and he is in jail since 23.11.2025 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 3 has three criminal antecedents. She further submits that 25 bulk liters of the handmade 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 three criminal antecedents, he is in jail since 23.11.2025 and the charge-sheet has been filed, further the 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, accordingly, the application is allowed. 7. Let the applicant - Dev Lal Dansena, involved in Crime No. 163/2025 registered at Police Station Bhupdevpur, District Raigarh (C.G.), for the offences punishable under Sections 34(2) and 59(A) of the C.G. 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:- (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 4 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 5 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. - Sd/- (Ramesh Sinha) Chief Justice Nikita