1 2026:CGHC:18183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3590 of 2026 Jagdish Gaud S/o. Nirakar Gaud Aged About 37 Years R/o. Road No. 22, Quarter 5-A, Sector-02 Bhilai, P.S. Bhilai Bhatthi Tehsil And District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Padamnabhpur, District- Durg, (C.G.) (Name Of Respondent Not Mentioned Properly In The Order-Sheet) ... Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 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. 15/2026, registered at Police Station Padamnabhpur, District – Durg (C.G.) for the offence punishable under Sections 111(2), 111(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 34(1) and 34(2) of the C.G. Excise Act. 2. The prosecution case, in brief, is that on 5 January 2026, Head Constable Anand Tiwari (Badge No. 446), acting on credible information ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.22 11:26:53 +0530 2 that Subesh Datta, a resident of Pranab Complex, Borsi Bhatha, Durg, was illegally procuring liquor from Madhya Pradesh and engaging in its sale and bottling, informed the Station In-charge. Upon receiving directions, he conducted a raid along with police staff and independent witnesses after completing due formalities, including issuance of notice and preparation of a panchnama. During the search, 85 pouches of “Desi Masala” liquor and 9 pouches of “Romeo Desi Masala” liquor, totaling 16.920 bulk litres, along with empty bottles, were seized. Upon interrogation, the accused disclosed a conspiracy with co-accused persons, including Jagdish Gaur, to procure liquor from Anuppur, adulterate it by dilution and bottling, and sell it illegally. Consequently, Crime No. 15/2026 was registered under Sections 34(1), 34(2), and 36 of the Chhattisgarh Excise Act. During the course of investigation, the accused persons were traced and their statements were recorded. From the present applicant/accused, Jagdish Gaur, 40 liquor bottle sticker slips, 144 liquor bottle sticker slips, and one Vivo mobile phone were seized under a duly prepared seizure memo. Thereafter, Sections 111(2) and 111(3) of the BNS were also added for organized criminal activity. Upon failure of the accused to produce any valid documents regarding possession of the said liquor, Jagdish Gaur was arrested and charge- sheeted. Out of eight accused persons, three, including the main accused Rohit @ Billu Bagri, are still absconding. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that though the applicant has 12 criminal antecedents, only one case is presently pending. In one case under the IPC, the applicant was convicted, while the remaining cases have either resulted in acquittal or have been compromised. An explanation in this regard has already been provided in 3 paragraph No. 4(a) of the present bail application. He further submits that under Section 34(2) of the Excise Act, the minimum punishment is one year and the maximum punishment is three years, and the applicant has been in custody since 05.01.2026. The trial is likely to take some time to conclude. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that, looking to the criminal antecedents of the applicant, the applicant appears to be a habitual offender. Therefore, the applicant is not entitled to the grant of bail. 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 allegations levelled against the applicant, and the fact that although the applicant has 12 criminal antecedents, only one case is presently pending further, that in one case under the IPC the applicant was convicted while the remaining cases have either resulted in acquittal or have been compromised, as explained in paragraph No. 4(a) of the present bail application and also considering that the charge-sheet has been filed, the applicant has been in custody since 02.02.2026, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the applicant. 7. 7. Let applicant, Jagdish Gaud, involved in Crime No. 15/2026, registered at Police Station Padamnabhpur, District – Durg (C.G.) for the offence punishable under Sections 111(2), 111(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 34(1) and 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for 4 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 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. 8. OfÏce 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 Abhishek