1 2026:CGHC:23333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4644 of 2026 Pardeshiram S/o. Late Chandan Singh Aged About 40 Years R/o. Kasaipali, Salihapara District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Dipka District- Korba (C.G.) ...Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.05.2026 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. 94/2026 registered at Police Station – Dipka District- Korba (C.G.), for the offences punishable under Section 34(1)(d)(£),34(2) & 59(d) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 02/03/2026 as per secret VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.05.18 11:20:24 +0530 2 information received from informant police made search of house of applicant and seized 9 litre Mahua liquor and Rs.200 from possession of applicant. Thereafter police arrested the applicant on 02/03/2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is about 40 years of age, is a respectable person of the locality, and has been in judicial custody since 02.03.2026; therefore, his prolonged detention would cause irreparable prejudice to his life and reputation. Learned counsel further submits that the alleged liquor was seized from an open and accessible place and not from the conscious possession of the applicant, thereby creating serious doubt regarding his involvement in the alleged offence. It is also submitted that the investigation has already been completed and the charge-sheet has been filed before the learned trial Court, and thus no further custodial interrogation of the applicant is required. Learned counsel contends that the alleged offence is triable by the Judicial Magistrate First Class. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready and willing to abide by all such terms and conditions as may be imposed by this Hon’ble Court while granting him bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has two previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 3 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 further taking into account the period of detention, as the applicant has remained in judicial custody since 02.03.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Pardeshiram involved in Crime No. 94/2026 registered at Police Station – Dipka District - Korba (C.G.), for the offences punishable under Section 34(1)(d)(£),34(2) & 59(d) of the C.G. 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. 4 (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, 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