1 2026:CGHC:22700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3464 of 2026 1 - Nilkamal Singh S/o Late Deenanath Singh, Aged About 40 Years Caste-Rajput, R/o Faatpani, Baikunthpur, District-Koriya, C.G. ... Applicant(s) versus 1 - State Of C.G. Through Excise Circle - Baikunthpur, District-Koriya, C.G. ... Respondent(s) For Applicant(s) : Mr. Pawan Shrivastava, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 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. 188/2026, registered at Police Station – Excise Circle Baikunthpur, District – Koriya (C.G.) for the offence punishable under Sections 34(1)(क)(च), 34(2) and 59(क) of C.G. Excise Act. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 2. The case of the prosecution, in brief, is that on the basis of information received from an informer on 15.03.2026, the Excise Department, Baikunthpur, District Koriya (C.G.), conducted a raid in the forest area of Faatpani Gadbadi. During the raid, the applicant/accused was allegedly found operating a “Chadhi- Bhatthi” (illicit distillation setup). It is alleged that upon interrogation of the applicant in presence of witnesses and after search of the spot, the Excise officials recovered and seized approximately 55 litres of Mahua liquor, about 3500 kilograms of fermented Mahua Lahan, along with brewing equipment namely Jhaanjhi-Jhokanee, from the possession of the applicant. Thereafter, an FIR was registered at Excise Circle, Baikunthpur, District Koriya (C.G.), vide Crime No. 188/2026, for the offences punishable under Sections 34(1)(क)(च), 34(2) and 59(क) of the Chhattisgarh Excise Act. The applicant was subsequently arrested and is presently in judicial custody. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is only one criminal antecedent registered against the present applicant. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 15.03.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedent registered against the present applicant, and submitted that the charge-sheet has already been filed in this case. It is further submitted that a total of 50 liters of Mahua liquor has been seized and 3500 fermented Mahua Lahan from the possession of the present applicant, therefore, he is not entitled for grant of 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, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedent registered against the present applicant, charge-sheet has been filed against the applicant and he is languishing in jail since 15.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant benefit of bail to the applicant. 7. Let applicant, Nilkamal Singh, involved in Crime No. 188/2026, registered at Police Station – Excise Circle Baikunthpur District - Koriya (C.G.) for the offence punishable under Sections 34(1)(क) (च), 34(2) and 59(क) 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:- 4 (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, 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 5 Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saxena