1 2026:CGHC:14116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2747 of 2026 Jagesh @ Jaggu Chouhan S/o Suresh Chouhan Aged About 22 Years R/o Timber Line Vijay Nagar, Bhanpuri, P.S. Khamtarai, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gudhiyari, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. 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. 514/2025 registered at Police Station Gudhiyari, District Raipur (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. As per the prosecution story, in brief, the police received information from an informant during patrolling that, on the date of the incident, certain unknown persons were in possession of illegal liquor for the purpose of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.25 17:42:58 +0530 2 sale. Acting upon the said information, the police reached the place of the incident and seized 5.760 bulk litres of country-made liquor from an open place. The applicant failed to produce any valid documents in respect of the seized liquor, hence, the police registered a case against the applicant for an offence punishable under Section 34(2) of the Excise Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case and that the said liquor was not seized from the exclusive possession of the applicant. He further submits that the applicant has four criminal antecedents under the Bhartiya Nyaya Sanhita, which are still pending, and that an explanation in this regard has already been provided in paragraph No. 4(a) of the present bail application. He also submits that under Section 34(2) of the C.G. Excise Act, the minimum punishment is one year and the maximum punishment is three years, and that the applicant has been in jail since 25.12.2025. The conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application filed by the applicant and submits that the charge-sheet has already been filed in the present case before the competent Court. 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 and further the fact that the applicant has four criminal antecedents under the BNS, which are still pending, and that an explanation in this regard has already been 3 provided in paragraph No. 4(a) of the present bail application, moreover, the fact that the charge-sheet has already been filed before the competent Court and he has been in jail since 25.12.2025 and 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. Let the applicant – Jagesh @ Jaggu Chouhan, involved in Crime No. 514/2025 registered at Police Station Gudhiyari, District Raipur (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on 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. (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 4 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 against him in accordance with law. 8. OfÏce 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 Abhishek