1 2026:CGHC:19373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2917 of 2026 1. Abhimanyu Kumar Gupta S/o Hari Sao Aged About 29 Years R/o Village- Dola, P.S. Chiniya District- Garhwa (Jharkhand) 2. Prabhat Kumar Gupta S/o Ashok Prasad Gupta Aged About 23 Years R/o Village- Dola, P.S. Chiniya District- Garhwa (Jharkhand) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Ramchanderpur, District- Balrampur- Ramanujganj(Chhattisgarh) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Bharat Gulbani, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.09/2026, registered at Police Station – Ramchandrapur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that the Police Station - VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.28 11:27:44 +0530 2 Ramchandrpur, District-Balrampur-Ramanujganj (C.G.) received an information about illegal liquor trafficking on that the police seized a Tata Tigor Car no-JH03-AV-3301 in which the applicants namely Abhimanyu Kumar Gupta & Prabhat Kumar Gupta carry the illegal English Liquor total 104 liters valued Rs- 146280 has been seized. Therefore, crime has been registered Police Station Ramchandrpur, District-Balrampur-Ramanujganj (C.G.) on 16.02.2026 for the alleged offences punishable U/S 30(2) of C.G.Excise Act. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is only one criminal antecedents registered against the applicant No.1 – Abhimanyu Kumar Gupta bearing crime No. 8 of 2024 for offence under Section 153(B) of IPC and 3(1)(r)(s) of SC/ST Act at Police Station Chiniya District (Garhwa), Jharkhand and same is mentioned at paragraph No.4(a) in the bail application. It is further submitted that applicant No.2 has no any criminal antecedent and the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicants are in jail since 19.02.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is only one criminal antecedents registered against the applicant No.1. It is further submitted that a total of total 104 liters of English liquor amounting to Rs 146280/- has been seized from the joint possession of the present applicants, therefore, they are not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is only one criminal antecedents registered against the applicant No.1 and applicant No.2 has no criminal antecedent, charge-sheet has been filed against the applicants and they are in jail since 19.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1, Abhimanyu Kumar Gupta and applicant No.2 - Prabhat Kumar Gupta involved in Crime No..09/2026, registered at Police Station – Ramchandrapur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, be released on bail on his furnishing a personal bond with two local sureties each 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 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 4 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 Vaishali