1 2026:CGHC:6094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 128 of 2026 Deepak Tandon S/o Babji Tandon Aged About 19 Years R/o Village Talam, P.S. Fasterpur-Setganga, District : Mungeli, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through P.S. Fasterpur-Setganga, District- Munglei, C.G. (P.S. Name Fasterpur-Setganga Is Correct) ... Respondent For Applicant : Shri F.S. Khare, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 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 applicant who has been arrested in connection with Crime No.98/2025 registered at Police Station Fasterpur-Setganga, District - Mungeli (C.G) for the offence punishable under Section 34 (2) of the C.G. Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.04 14:39:19 +0530 2 2. Case of the prosecution, in brief, is that on 27.11.2025 head constable of P.S. Fasterpur-Setganga, District Mungeli (C.G.) received information from the informant that 2 persons is coming on motor cycle Hero Splendar plus No. CG 28 M 6593 from Government liquor shop situated in village Kanteli. On the basis of information the police proceeded to place of incident and stopped the 2 persons coming on aforesaid motor cycle and after interrogation they stated their name as Domesh Cheskar and Deepak Tandon, and after search the police seized total 18 bulk liter plain country made liquor from co-accused Domesh Cheskar and seized total 7.200 bulk liter liquor from applicant. Total 25.200 bulk liter plain country made liquor has been seized. The applicant and co-accused have been arrested on same day. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 7.200 bulk liter plain country made liquor was not seized from the exclusive possession of the applicant. 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 applicant is in jail since 27/11/2025 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 no criminal antecedents. She further submits that 7.200 bulk liter plain country made liquor was recovered from the possession of the 3 applicant and 18 bulk liter liquor was recovered from co-accused Domesh Cheskar, 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, he is in jail since 27/11/2025, the applicant has no criminal antecedents, charge-sheet has been filed and further the conclusion of the trial may take some more time, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant - Deepak Tandon, involved in Crime No.98/2025 registered at Police Station Fasterpur-Setganga, District - Mungeli (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 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 4 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 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 gouri