1 2026:CGHC:19378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2765 of 2026 Sammelal S/o Late Chhedilal Aged About 45 Years R/o Village Bhada, Police Station Urga, District - Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Excise Circle Korba (South), District Korba Chhattisgarh (As Per Bail Rejection Order) ... Non-applicant(s) For Applicant : Mr. Pushpendra Kumar Patel, Adv. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 292/2026, registered at Police Station : Excise Circle Korba, District- Korba (C.G.) for the offence punishable under Section 34(1) of the C.G. Excise Act. 2. The case of the prosecution, in brief is that upon receipt of secret information from an informant, the police of Excise Circle Korba (South), District Korba (C.G.), conducted a search of the applicant KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 and seized 15.5 bulk liters of hand-made liquor and 75 kg of Mahua Lahan from the possession of the applicant. Based upon such, an FIR was registered against the applicant. 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 22.02.2026 and the applicant has two criminal antecedents under similar offence out of which in one case, he is on bail and another one is pending consideration before this Court, which has been explained through covering memo 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, the learned State counsel opposes the prayer for grant of bail and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has two criminal antecedents under similar offence out of which in one case, he is on bail and another one is pending consideration before this Court, which has been explained through covering memo and further the quantity of liquor seized from the possession of the present applicant i.e. 15 bulk liters of hand made liquor and 75 kg of Mahua Lahan as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- 3 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 similar offences out of which in one case, he is on bail and another one is pending consideration before this Court, which has been explained through covering memo 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. 15.5 bulk liters of hand made liquor and 75 kgs of mahua Lahan and he is in jail since 22.02.2026 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 applicant, Sammelal, involved in Crime No. 292/2026, registered at Police Station : Excise Circle Korba, District- Korba (C.G.) for the offence punishable under Section 34(1) of the C.G. Excise Act., be released on bail on furnishing 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 4 his counsel. In case of his absence, without sufÏcient 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal