1 2026:CGHC:22366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3331 of 2026 Akhilesh Dahariya S/o Sudan Dahariya, Aged About 35 Years R/o Village Kari, Police Station Lawan, District Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Of Police Station Lawan, District Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Yogesh Chandra, Advocate For State/ Non-applicant : Ms. Monika Singh Thakur, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.83/2026, registered at Police Station – Lawan, District Balodabazar-Bhatapara (C.G.) for the offence punishable under ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.14 19:04:38 +0530 2 Section 34(2) of C.G. Excise Act. 2. As per the prosecution case, on 12.03.2026, on the basis of secret information received from an informer, the police conducted a raid and recovered 45 bulk litres of country-made liquor from the possession of the present applicant. Accordingly, the present offence was registered against the applicant. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that although the applicant has two previous criminal cases, charge-sheets have not been filed therein. Learned counsel further submits that under Section 34(2) of the Excise Act, the minimum punishment is one year and the maximum punishment is three years. The applicant is in jail since 12.03.2026 and the trial is likely to take considerable time for its conclusion; therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there are two criminal antecedents registered against the present applicant, out of which in one case under the Excise Act also the charge-sheet has not been filed. It is further submitted that a total of 45 litres of country- 3 made liquor has been seized from the possession of the present applicant; therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegation levelled against the applicant, the fact that although there are two criminal antecedents registered against the applicant other than the cases under the Excise Act, but charge-sheets have not been filed therein, and further considering that the applicant is in jail since 12.03.2026 and the conclusion of trial is likely to take considerable time, therefore, I am inclined to allow this application. 7. Accordingly the applicant is allowed. Let applicant, Akhilesh Dahariya, involved in Crime No.83/2026, registered at Police Station – Lawan, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of C.G. 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 4 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 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 5 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 Arpan