1 2026:CGHC:715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9509 of 2025 Chetan Kashyap S/o Jivan Singh Kashyap Aged About 26 Years R/o Chandranagar, Umarpoti, Distt. Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Utai, Distt. Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2026 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. 370/2025 registered at Police Station Utai, District Durg (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. as per the prosecution story, on 16.09.2025, Assistant Sub-Inspector Suresh Pandey of Police Station Utai received information that a person was illegally selling liquor near the pond at Village Umarpoti. Acting upon the said information, the police team reached the spot and found Chetan Kashyap, son of Jeevan Singh Kashyap, standing with a plastic bag and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.08 11:03:42 +0530 2 allegedly selling country-made liquor. Upon search, the police recovered 32 quarter bottles of liquor (each measuring 180 ml) bearing the label of Sholay Company, totalling 5.760 bulk litres. Liquor worth Rs. 3,200/- and alleged sale proceeds of Rs. 300/- were seized from his possession. The accused failed to produce any licence or permit for the possession or sale of the said liquor. The liquor was sealed and seized on the spot, and FIR No. 370/2025 was registered at Police Station Utai for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 for illegal possession and sale of country-made liquor. Thereafter, the applicant was taken into custody for further investigation. The applicant was arrested on 17.09.2025 by Police Station Utai, District Durg, Chhattisgarh, for the alleged offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said liquor were not seized from the exclusive possession of the applicant. He further submits that so far as criminal antecedents of the applicant are concerned, though the applicant is having the 14 pervious antecedents, but none are under the Excise Act and furthermore, the same has been explained in the covering memo filed with the bail application. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 17.09.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application filed by the applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. She further submits that, having regard to the nature of the criminal 3 antecedents of the present applicant, he appears to be a habitual offender and, therefore, is not entitled to the grant of regular 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 so far as criminal antecedents of the applicant are concerned, though the applicant is having the 14 pervious antecedents, but none are under the Excise Act and furthermore, the same has been explained in the covering memo filed with the bail application, moreover, the fact that the charge- sheet has already been filed before the competent Court and he has been in jail since 17.09.2025 and 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. 7. Let the applicant – Chetan Kashyap, involved in Crime No. 370/2025 registered at Police Station Utai, District Durg (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on her 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 sufÏcient 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. OfÏce 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 Abhishek