1 2026:CGHC:22030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2788 of 2026 1 - Rajkumar Porte S/o Bhagau Ram Porte Aged About 25 Years R/o Vijay Nagar, P.S.- Saliha,district Sarangarh- Bilaigarh (C.G.) 2 - Mahesh Rathiya S/o Khemlal Rathiya Aged About 22 Years R/o Gram Bhelwatikara, P.S. - Chakradhar Nagar, District Raigarh (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, P.S. Chakradhar Nagar, Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ankit Singh, Advocate For Respondent(s) : Ms. Samkeeksha Gupta, Panel Lawyer 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, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 83/2026, registered at Police Station – Chakradhar Nagar District Raigarh, (C.G.) for the offence punishable under Section 34(2) and 59(A) of C.G. Excise Act. 2. The case of the prosecution, is that the Police of Police Station – Chakradhar Nagar District Raigarh (C.G.) has seized a total of 40 liters of Mahua liquor from the possession of the present applicants. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.12 18:36:13 +0530 2 Thereafter, the applicants have been arrested by the Police and the offence was registered. 3. It is argued by the learned counsel for the applicant that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has not been filed in this case. 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 03.03.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants, and the charge-sheet has not been filed in this case. It is further submitted that a total of 40 liters of Mahua liquor has been seized from the possession of the present applicants, therefore, they are 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 applicants and the fact that there is no any criminal antecedents registered against the present applicants, charge-sheet has not been filed against the applicants as yet and they are languishing in jail since 03.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Rajkumar Porte & Mahesh Rathiya, involved in Crime 3 No. 83/2026, registered at Police Station – Chakradhar Nagar District Raigarh (C.G.) for the offence punishable under Section 34(2) and 59(A) of C.G. Excise Act, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 applicants 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. 4 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 Vaishali