1 2026:CGHC:1688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 283 of 2026 Mohammad Taslim S/o Mohammad Kallu Aged About 33 Years Resident of Near Shitla Mandir, New Changorabhathan, P.S. D.D. Nagar, Tahsil And District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station D.D. Nagar, Raipur, Tahsil And District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 517/2025, registered at Police Station D.D. Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, in brief, on the date of the incident, the police received information from an informant that an unknown person was illegally storing country-made liquor in a plastic bori for the purpose of sale. Acting upon the said information, the police seized 18.00 bulk ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.13 12:04:36 +0530 2 litres of country-made liquor from the possession of the applicant at an open place situated near the house of the applicant. Thereafter, the police registered a case against the applicant for the offence punishable under Section 34(2) of the Excise Act. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. She submits that the present applicant has no criminal antecedents under the Excise Act. She further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant has been in jail since 04.11.2025 and the trial is likely to take some time for its conclusion, therefore, She prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the present applicant has 01 criminal antecedent under the Excise Act. He also submits that from the possession of the present applicant 18 bulk liters of country made liquor were seized, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 only 01 criminal antecedent under the Excise Act which is a pending trial and also considering the fact that the charge-sheet has been filed and the applicant has been in jail since 04.11.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Mohammad Taslim, involved in Crime No. 517/2025, registered at Police Station D.D. Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be 3 released on bail on furnishing 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 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 4 against him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek