1 2026:CGHC:9088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1796 of 2026 Tyaufil Tandi S/o Shailendra Tandi Aged About 35 Years R/o Village- Narsinghpur, Tahsil And P.S. Basna, District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Excise Circle Basna, District- Mahasamund (C.G.) ...Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 20.02.2026 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. 53/2025 registered at Police Station - Excise Circle Basna, District- Mahasamund (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story in brief, is that, the police has received secret VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 15:19:40 +0530 2 information through informant is that on the date of incident 09.01.2026 the unknown person has kept illegal liquor in his residential house to sell and police has seized 26 bulk litres country made liquor from place of incident at village Narsinghpur, and he did not produce any document of seized liquor and hence police has registered a case for offence punishable under section 34 (2) of the Excise Act against the applicant and after rejecting bail application of the applicant, this bail application is being preferred before the Hon'ble Court. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that no incriminating article has been seized from his conscious possession, as the alleged illicit country-made liquor was recovered from a joint residential house without his knowledge or involvement, thereby resulting in his false implication in the present case. It is further submitted that the investigation has not been conducted properly, as the concerned police officer failed to establish exclusive or conscious possession of the applicant, and no material has been collected to demonstrate motive, intention, or participation on his part, thus no prima facie case is made out against him. The applicant is the sole breadwinner of his family, and there is no other earning member to support his dependent family members; he has been in judicial custody since 09.01.2026, and the trial is likely to take a long time to conclude, causing serious hardship to his family. The applicant reserves his right to raise additional grounds and to place relevant documents on record at the appropriate stage, and therefore prays that he be enlarged on bail in the interest of justice. 3 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has one criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been filed before the competent Court and that the applicant has remained in judicial custody since 09.01.2026, and as the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Tyaufil Tandi, involved in Crime No. 53/2025 registered at Police Station - Excise Circle Basna, District- Mahasamund (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act, be released on bail on his furnishing personal bond with two local 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 cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav