1 2026:CGHC:6860 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 102 of 2026 1 - Yashwant Sinha @ Kohli @ Chhotu S/o Shri Shantilal Sinha Aged About 33 Years R/o Village- Rangitola, Tahsil- Chhuriya, Police Out Post- Chichola, Police Station- Chhuriya, District- Rajnandgaon, (C.G.) --- Applicant versus 1 - The State Of Chhattisgarh Through The Police Of Police Out Post- Chichola, Police Station- Chhuriya, District- Rajnandgaon, (C.G.) --- Non-applicant For Applicant : Shri Aniruddha Shrivastava, Advocate. For State/Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.02.07 14:00:09 +0530 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 247/2025 registered at Police Out Post Chichola, Police Station Chhuriya, District Rajnandgaon (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 on 17.10.2025, during patrolling, a secret information was received that one person namely, Dhiraj Baghel is keeping huge quantity of liquor for selling. Based on the said information, police went to the incident and searched the house of the applicant and seized 31.680 bulk liter liquor from the possession of the applicant and registered the aforesaid offences against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 31.680 bulk liters of liquor was not seized from the exclusive possession of the applicant. He also submits that the applicant has eight criminal antecedents out of which three criminal antecedents are of a similar nature, which have been disposed of and he is in jail since 26.11.2025 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. 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 has three criminal antecedents. She further submits that 31.680 3 bulk liters of liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 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 applicant and the fact that the applicant has three criminal antecedents, he is in jail since 26.11.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. Let the applicant - Yashwant Sinha @ Kohli @ Chhotu, involved in Crime No. 247/2025 registered at Police Out Post Chichola, Police Station Chhuriya District Rajnandgaon (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 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 4 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 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 sufficient cause, then it shall be open for the trial court to treat such 5 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Nikita