1 2026:CGHC:19976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3341 of 2026 1 - Sant Kumar Singh S/o Nabalak Singh Aged About 19 Years R/o Village- Thadpathar, P.S.- Chandani, Distt.- Surajpur (C.G.) 2 - Meerja Prasad Kashi S/o Rambahadur Kashi Aged About 26 Years R/o Village- Thadpathar, P.S.- Chandani, Distt.- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station-In-Charge Chandani, Distt. - Surajpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anmol Gupta, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 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 applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 21/2026 registered at Police Station Chandani, Distt. - Surajpur (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 as per secret information received from the informant, the Police of Police Station Chandani, Distt. – Surajpur seized 33.840 liters of illicit liquor from the joint possession of present applicants, which led to the registration alleged offence against the applicants and subsequently, the applicants were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and 33.840 liters of illicit liquor was not seized from the exclusive possession of the applicants. 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 No.1 has no criminal antecedent and applicant No.2 has one criminal antecedent of the year 2022, in which the said applicant has already been acquitted of the charges, the applicants are in jail since 03.03.2026. He later submits that the marriage of applicant No.2 is going to be solemnized on 01.05.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 3 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 No.1 has no criminal antecedent, whereas application No.2 has one criminal antecedent of the year 2022. She further submits that 33.840 bulk liters of illicit liquor was recovered from the joint possession of the applicants, therefore, the applicants are not entitled for grant of bail. She also submits that in compliance of the order dated 13.04.2026 passed by this Court, the State counsel was directed to verify the fact that marriage of the applicant No.2 is going to be solemnized on 01.05.2026 or not, and upon such verification, it has been found to be correct. 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 applicants and the fact that the applicant No.1 has no criminal antecedent and applicant No.2 has only one criminal antecedent, which is of the year 2022, the applicants are in jail since 03.03.2026 and the charge-sheet has been filed, further considering the fact that in compliance of the order dated 13.04.2026 passed by this Court, the State counsel has duly verified the factum of marriage of the applicant No.2 and upon such verification, it has been found to be correct, further the conclusion of the trial may take some more 4 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 applicants - Sant Kumar Singh and Meerja Prasad Kashi, involved in Crime No. 21/2026 registered at Police Station Chandani, Distt. - Surajpur (C.G.), for the offence punishable under Section 34(2) 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial 5 court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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