1 2026:CGHC:10752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 834 of 2026 Tel Singh Kanwar S/o Ganpat Kanwar Aged About 45 Years R/o Village Manjgaon Gitari, P.S. Urga, Distt. Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer Of Excise Circle Korba (South, Distt. Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 02.03.2026 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. 199/2025 registered at Police Station - Excise Circle Korba (South) District – Korba (C.G.), for the offences punishable under Sections 34(1)(d)(£), 34(2) & 59(d) of the C.G. Excise Act. 2. The prosecution case in brief is that the Station House Officer of Excise Circle, Korba (South), District Korba (C.G.) received secret information that the present applicant was illegally selling liquor. Acting VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.02 16:48:06 +0530 2 upon the said information, the Excise officials conducted a raid at the spot and allegedly seized a total quantity of 22 bulk litres of handmade liquor from the possession of the applicant. On the basis of the said seizure, an FIR was registered against the applicant for offences punishable under Sections 34(1)(a)(b), 34(2) and 59(a) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has not committed the alleged offence and has been falsely implicated by the police in the present case. He further submits that the applicant was earlier granted interim bail and has since surrendered, and a copy of the same has been annexed with the application. It is contended that the manner in which the police officials conducted the raid and allegedly seized the liquor creates serious doubt regarding the fairness and authenticity of the entire search and seizure proceedings, and therefore false implication of the applicant cannot be ruled out. It is further submitted that considering the quantity of liquor allegedly seized, the period of detention already undergone by the applicant since 03.12.2025, and the fact that there is no likelihood of repetition of the offence, the applicant deserves to be released on regular bail. It is also submitted that although there is one criminal antecedent, the investigation in the present case has been completed and the charge sheet has already been filed before the concerned Trial Court; the alleged offences are triable by the Judicial Magistrate First Class, and therefore further custodial detention of the applicant is not warranted. The applicant undertakes to raise additional grounds at the time of arguments and prays for grant of regular bail. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 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 offence levelled against the present applicant, and also taking into account that the applicant has no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 03.12.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Tel Singh Kanwar, involved in Crime No. 199/2025 registered at Police Station - Excise Circle Korba (South) District – Korba (C.G.), for the offences punishable under Sections 34(1)(d)(£), 34(2) & 59(d) of the C.G. Excise Act. , be released on bail on his furnishing personal bond with two local 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 sufficient cause, the trial court may proceed against his 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 sufficient 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. Office 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 Vaibhav