1 2026:CGHC:23402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4824 of 2026 Jeet Bharti S/o Jitendra Bharti Aged About 25 Years R/o Village Bhaisa Pasra, Balodabzar, District Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali Balodabzar, District Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Shri Yogesh Kumar Chandra, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon’ble Shri Justice Narendra Kumar Vyas Order on Board 19/05/2026 1) The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.249/2026 registered at Police Station City Kotwali Balodabazar, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34 (2) of the C.G. Excise Act. 2) Case of the prosecution, in brief is that on 20/03/2026, 7.020 bulk liters of illicit liquor has been seized from the possession of the co-accused NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2026.05.19 16:15:44 +0530 2 Mahendra Baghel and on the memorandum statement of co-accused, the present applicant has been implicated by the Police of Police Station City Kotwali Balodabazar, District Balodabazar-Bhatapara (C.G.). 3) Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the illicit liquor has been recovered from the exclusive possession of the co- accused and the co-accused has been granted bail by the trial Court. Charge-sheet has already been filed, applicant is in jail since 20/03/2026 and the trial may take some time, therefore, he may be released on bail. 4) On the other hand learned counsel for the State opposes the bail application and submits that the applicant has five other previous criminal antecedent, out of which in three cases applicant is acquitted and two cases are still pending before the trial Court, therefore his bail application may be rejected. 5) I have heard learned counsel for the parties and perused the materials available on record. 6) Considering the facts and circumstances of the case, the nature and gravity of the allegations made against the applicant, and the fact that the illicit liquor has been seized from the co-accused and by the memorandum statement of the co-accused the present applicant has been falsely implicated in the present case. Co-accused has already been granted bail by the trial Court, therefore, this Court is of the opinion that the present applicant be released on bail. 3 7) Let the applicant – Jeet Bharti involved in Crime No. 249/2026, registered at Police Station – City Kotwali Balodabazar, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) CG 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 sufficient 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 sufficient cause, 4 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/- (Narendra Kumar Vyas) JUDGE Kamde