1 2026:CGHC:5024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 702 of 2026 Keshav Panika @ Golu S/o Shri Lakshman Panika Aged About 25 Years R/o Ward No. 01 Near Railway Station, Loco Colony, Manendragarh, Tehsil And Police Station - Manendragarh, District - Manendragarh - Chirmiri - Bharatpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station - City Kotwali, District - Manendragarh - Chirmiri - Bharatpur (C.G.) ... Respondent For Applicant : Shri Hemant Kumar Agrawal, Advocate. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.173/2025 registered at Police Station City Kotwali Manendragarh, District Manendragarh Chirmiri -Bharatpur (C.G.) for the offence punishable under Section 34(2) of Excise Act. 2. Case of the prosecution, in brief, is that on 15.10.2025 Head Constable with colleague staff during patrolling seized 22.50 Liter, and Honda Activa Scooty at the abandoned condition. The FIR was registered GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:52:49 +0530 2 against the unknown driver of Honda Activa Scooty no. CG 16 CS 2037. The during investigation found main accused person Neeraj Verma is the owner of the offending activa, the offending activa seized from main accused Neeraj. On 22.10.2025 English Wine of 180ml total no. 15 was seized from the other main accused person Satyanarayan Belwanshi. On 22.10.2025 memorandum statement of the arrested main accused persons has been recorded. On the basis of memorandum statement of main accused person Neeraj Verma, the applicant was arrested on 03.11.2025. Thereafter completing of the investigation final report is submitted before the Trial Court. 3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the present case and no any property was seized from the applicant. He would submit that on 3.11.2025 the investigating officer called the applicant in the P.S. Manendragarh for guise of the investigation, investigating officer recorded a forged memorandum statement of the applicant in the crime no.180/2025 of P.S. Manendragarh, after pressurizing the applicant signature of the applicant was taken on the blank paper & he was arrested on the same date in the instant crime no. 173/2025 to save the actual liquor supplier person. He would submit that the P.S. Manendragarh falsely involved the applicant in the other FIR in crime no. 174/2025 & 180/2025 of P.S. Manendragarh to save the actual liquor supplier person. He also submits that charge sheet has been filed, applicant is in jail since 03/11/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would submit that the applicant has two criminal antecedents under the Excise Act. 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, further the fact that the applicant has been implicated on the basis of memorandum statement of co-accused, he is in jail since 03/11/2025, charge-sheet has been filed and further the 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. Accordingly, the bail application is allowed and it is directed that the applicant - Keshav Panika @ Golu, involved in Crime No.173/2025 registered at Police Station City Kotwali Manendragarh, District Manendragarh Chirmiri -Bharatpur (C.G.) for the offence punishable under Section 34(2) of 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 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. 4 (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 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri