1 2026:CGHC:14078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2133 of 2026 Raju Mande S/o Chandu Lal Mande Aged About 43 Years R/o Ward No. 20, Village Kachandur, Chowki Jeevra Sirsa, Police Station Pulgaon, District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Chowki Jeevra Sirsa, P.S. Pulgaon, District Durg, Chhattisgarh. ...Non-applicant For Applicant : Mr. Rahil Arun Kochar, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 24.03.2026 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. 103/2026 registered at Police Station – Chowki Jeevra Sirsa, Police Station Pulgaon, District Durg (C.G.), for the offences punishable under Section 34(2) of the Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.25 12:10:33 +0530 2 2. Case of the prosecution, in brief, is that on 21.04.2018 with the permission and proposal of Gram Panchayat Kachandur Block and District Durg the applicant was granted permission to work as plastic scrap dealer and due to which he has been falsely implicated and there are 9 cases of preventive nature lodged against him. That, due to the applicant carrying out business as scrap dealer a false case has been concocted against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has been in judicial custody since 26.01.2026, and continued incarceration would cause severe hardship, as his family members are solely dependent upon him for their livelihood. It is further submitted that the charge-sheet has already been filed and, therefore, there is no likelihood of the applicant tampering with the evidence or influencing the prosecution witnesses. The applicant undertakes to cooperate with the trial and abide by any conditions imposed by this Hon’ble Court. Hence, it is most humbly prayed that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has nine previous criminal antecedent, therefore, he is not entitled to the grant of regular 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 offence alleged against the applicant, and 3 further taking into account the period of detention, as the applicant has remained in judicial custody since 26.01.2026, and that the charge-sheet has not yet been filed and the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Raju Mande, involved in Crime No.103/2026 registered at Police Station – Chowki Jeevra Sirsa, Police Station Pulgaon, District Durg (C.G.), for the offences punishable under Section 34(2) of the 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 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 4 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