1 2026:CGHC:2583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9816 of 2025 Gambhir Singh S/o Mohan Singh Aged About 46 Years R/o Village- Lakha, Police Station City Kotwali, District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station City Kotwali, Raigarh, District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.01.2026 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. 526/2025, registered at Police Station : City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Section 34(2) & 59(A) of the C.G. Excise Act. 2. The prosecution story that in brief is that on 15.10.2025 during the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.16 12:05:20 +0530 2 patrolling the police official have received information from the informant that the applicant is kept the country made liquor in his house for the purpose of sale, thereafter the police has conducted raid and recovered total 70 bulk liter of country made liquor from the illegal possession of the applicant, thereafter arrested the applicant for the alleged offences. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that as the seized articles were not found in his exclusive possession and the prosecution’s recovery and seizure are false, fabricated, and doubtful; the applicant has been in judicial custody since 15.10.2025 and the trial is likely to take considerable time for its conclusion; he belongs to a poor family and is the sole earning member, and continued detention would cause serious hardship to his dependents; the applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with prosecution evidence; he undertakes to furnish adequate security and to abide by all directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the 3 case, nature and gravity of allegation levelled against the present applicant moreover, the fact that the charge-sheet has been filed before the competent Court and applicants are in jail since 15.10.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let applicant, Gambhir Singh, involved in Crime No. 526/2025, registered at Police Station : City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Section 34(2) & 59(A) of the C.G. Excise Act, be released on bail on 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 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. 4 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav