1 2026:CGHC:411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9897 of 2025 Bhagwan Singh Baghel S/o Dumar Ram Baghel Aged About 34 Years R/o Village Choknar Talpara, P.S. Karpavand, District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Karpawand, District Bastar (C.G.) ...Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 71/2025, registered at Police Station - Karpawand District – Bastar (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.06 10:38:21 +0530 2 2. The prosecution story in brief, is that police of Karpavand District Bastar (C.G.) have seized 70 bottles of "GOA WHISKY" of 180 ml each total of 12.600 liters from the possession of present applicant. The applicant has been arrested by the police and prosecution has filed the charge sheet before the competent court of law. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. As there is no evidence to show that he was involved in the sale of liquor. It is further submitted that at the time of the alleged seizure the applicant was not present at the place from where the liquor is stated to have been recovered and nothing whatsoever has been seized from his possession, yet he has been wrongly arrested. The applicant is the sole earning member of his family and his entire family is dependent upon him for livelihood. The applicant reserves his right to raise other permissible grounds at the time of arguments. He is a permanent resident of the address mentioned in the cause title, where his movable and immovable properties are situated, and therefore there is no likelihood of his absconding. The applicant is ready and willing to furnish adequate surety and shall abide by all directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has one criminal antecedent, therefore, he is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has one criminal antecedent, the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 04.10.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Bhagwan Singh Baghel, involved in Crime No. 71/2025, registered at Police Station - Karpawand District – Bastar (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav