1 2026:CGHC:19381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2398 of 2026 Gopal Dhanwar S/o Aatmaram Aged About 40 Years Resident Of Village- Chiraipani Police Station- Kotraroad Tehsil And District- Raigarh Chhattisgarh ... Applicant(s) versus The State Of Chhattisgarh Through- The Station House OfÏcer, Police Station Kotraroad District- Raigarh Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Kalpesh Ruparel, Advocate For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/04/2026 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. 49/2026 registered at Police Station- Kotraroad, District- Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(a) of the Chhattisgarh Excise Act. 2. The prosecution case, in brief, is that on the basis of secret KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information received from an informant, the police conducted a raid at Village Chiraipani, District Raigarh, and allegedly recovered 22 litres of country-made liquor from the possession of the applicant, which is in excess of the permissible limit of 5 litres as per the State notification. The applicant failed to produce any valid licence or authorization for the said contraband, whereupon the offence was registered. After completion of investigation, charge-sheet has been filed on 28.02.2026 before the Judicial Magistrate First Class, Raigarh, is pending consideration. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said 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 and in the present case, charge-sheet has filed before the competent Court and the applicant is in jail since 18.02.2026 and further the applicant has no criminal antecedent 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. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application but admits the fact that the present applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court further, the quantity of liquor seized i.e. 22 liters of country made liquor. As such the present applicant is not entitled for grant of bail. 3 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 no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court, further the quantity of liquor seized from the possession of the applicant i.e. 22 liters of country made liquor and he is in jail since 18.02.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Gopal Dhanwar, involved in Crime No. 49/2026 registered at Police Station- Kotraroad, District- Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(a) 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:- (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 sufÏcient cause, the trial court may proceed against him under 4 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. directed to send a certified copy of this order to the trial Court fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal