1 2026:CGHC:22076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3580 of 2026 Ashwani Ratre S/o Gangadas Ratre Aged About 38 Years R/o Ward No. 09, Sararidih, Post- Tilda, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Excise Circle, Tilda, District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ravi Kumar Banjare, Advocate For State/Non-applicant : Mr. Shailendra Sharma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.237/2026, registered at Police Station: Excise Circle, Tilda, District Raipur (C.G.) for the ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.12 20:06:35 +0530 2 offence punishable under Section 34(1)(a), 34(2), 59A of the Chhattisgarh, Excise Act. 2. That, the prosecution case in brief is that the Excise Police Circle, Tilda, on receipt of secret information that a person resident of Village Sararidih was illegally selling country-made liquor, conducted a raid at the disclosed location, where the applicant was found in possession of 46 pouches of Desi Madira Masala liquor, totaling 8.28 bulk liters and valued at Rs. 4,600/-, kept in a white plastic sack at Banjarinala, Sua Maharaj’s Bari, Village Sararidih. The said liquor was seized from his possession in the presence of witnesses, and on being asked, the applicant failed to produce any valid licence or document justifying such possession. Consequently, Crime No. 237/2026 was registered against him under Sections 34(1) (a), 34(2) and 59A of the C.G. Excise Act, the accused was arrested, and investigation was initiated, which is still pending and charge-sheet has not yet been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant was arrested on 24.03.2026 and since then he is in judicial custody. He is a 3 daily wage labourer and due to his detention his family is suffering severe financial hardship. It is also submitted that the charge-sheet has not yet been filed and the trial is likely to take considerable time, hence continued custody would amount to pre-trial punishment, and therefore he prays for grant of bail. 4. Per contra, learned State counsel opposes the bail application and submits that a total quantity of 8.28 bulk liters of country- made Mahua liquor has been seized from the possession of the applicant. It is further submitted that the applicant has several criminal antecedents as mentioned in Para 4-A and he is a habitual offender. Looking to the nature and gravity of the offence as well as his past criminal record, it is submitted that the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant, the fact that the charge-sheet has not yet been filed, the period of detention of the applicant since 24.03.2026, and further considering that 4 the alleged recovery is of 8.28 bulk liters of country-made Mahua liquor, hence, I am inclined to allow the present bail application. 7. Accordingly, the application is allowed. Let applicant- Ashwani Ratre, involved in Crime No.237/2026, registered at Police Station: Excise Circle, Tilda, District Raipur (C.G.) for the offence punishable under Section 34(1)(a), 34(2), 59A of the Chhattisgarh, 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. (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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of 5 bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Arpan