1 2026:CGHC:12119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2351 of 2026 Sarju Singh Sidar S/o Late Pardeshiram Aged About 40 Years R/o Village- Harda, Police Station And Tahsil- Sakti, District- Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House O/cer, Police Station - Sakti, District- Sakti (C.G.) ... Non-applicant For Applicant : Smt. Chandrikaditya Pandey, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.03.2026 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. 332/2025, registered at Police Station :Sakti District- Sakti (C.G.) for the o;ence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief is that on 17.09.2025, Assistant Sub-Inspector of Police Station Sakti received secret information that the present applicant was illegally possessing and selling illicit KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 liquor. Acting upon the said information, the police team conducted a raid at the house of the applicant, wherefrom 10 bulk liters of handmade kachchi mahua liquor and 7 bottles of country-made plain liquor containing 180 ml each (total 1 liter 260 ml) were recovered. Thus, in total 11 bulk liters and 260 ml of illicit liquor was seized from the possession of the applicant. On the basis of the said seizure, an o;ence under Section 34(2) of the Chhattisgarh Excise Act was registered against the applicant and investigation was conducted. It is further stated that the applicant Bed from the spot at the time of the raid and was subsequently arrested on 20.01.2026. After completion of investigation, the charge-sheet has been Cled before the learned Chief Judicial Magistrate, Sakti. 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 possession of the applicant. She 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 Cled before the competent Court and the applicant is in jail since 20.01.2026 and the applicant has one criminal antecedent of similar nature of the year 2024 which is still pending as the same has been explained in the bail application of para No. 4(a) and the conclusion of the trial is likely to take quite long time. Therefore, she 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 to the applicant and submits that in the present case, 3 charge-sheet has been Cled before the competent Court and the applicant has one previous criminal antecedent of similar nature of the year 2024 which is still pending and further the quantity of liquor seized from the possession of the present applicant i.e. 11 bulk liters and 260 ml of illicit liquor as such, he is not entitled for grant of bail. 5. I have heard learned counsel 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 only one previous criminal antecedent which has been explained in the bail application in para No. 4(a) and in the present case, charge-sheet has been Cled before the competent Court, further the quantity of liquor seized from the possession of the applicant i.e. 11 bulk liters and 260 ml of illicit liquor and he is in jail since 20.01.2026 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, Sarju Singh Sidar, involved in Crime No. 332/2025, registered at Police Station :Sakti District- Sakti (C.G.) for the o;ence punishable under Section 34(2) 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 Cle an undertaking to the e;ect 4 that he shall not seek any adjournment on the dates Cxed 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 Cxed, either personally or through his counsel. In case of his absence, without su/cient 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 Cxed 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 Cxed 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 su/cient 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. O/ce is directed to send a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal