1 2026:CGHC:11028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1098 of 2026 Om Prakash Sidar S/o Sitaram Sidar, Aged About 27 Years, R/o - Village Porda, P.S. Gharghoda, District : Raigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Officer-In Charge Police Station- Gharghoda, District : Raigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ashutosh Mishra, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.03.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 14/2026 registered at Police Station- Gharghoda, District : Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. As per the prosecution, on 11.01.2026, information was received by the Head Constable that the present applicant had kept kachhi mahua liquor for sale in his house. Thereafter, a raid was conducted, and a total of 30 bulk litres of kachchi mahua liquor was recovered. Subsequently, a First Information Report was registered against the present applicant. 3. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that the applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.03 16:02:55 +0530 2 has no previous criminal antecedents. It is further submitted that the charge-sheet has been filed in the present matter and the applicant is in custody since 11.01.2026. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years 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 opposes the bail application. He further submits that the charge-sheet has been filed and the applicant has no previous criminal antecedents. 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 no previous criminal antecedents, further the charge-sheet has been filed and he is in jail since 11.01.2026, further, the conclusion of the trial may take some more time, 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. Let the applicant - Om Prakash Sidar, involved in Crime No. 14/2026 registered at Police Station- Gharghoda, District : Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh 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 she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case 3 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of BNS. (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 are 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 her 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 Preeti