1 2026:CGHC:22081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3337 of 2026 Tilochan Chouhan S/o Birsingh Aged About 59 Years R/o Village Teram, Police Station And Tahsil Gharghoda And District Raigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through S H O Of The Police Station - Gharghoda And District Raigarh Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Abhishek Saraf, Advocate For Non-applicant/State : Ms. Sameeksha 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 87/2026, registered at Police Station : Gharghoda District- Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 10.03.2026, Head Constable Parasmani Behera, while on patrolling duty, received secret information from an informer to the effect that the applicant KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 was searching for customers for sale of illegal raw Mahua liquor, which was allegedly kept in a plastic bucket in the courtyard of his house. Acting upon the said information, the Head Constable, along with the accompanying staff, proceeded to the place indicated by the informer for verification of the information and conducted a raid. During the raid, 60 liters of raw Mahua liquor, valued at Rs. 9,000/-, was allegedly recovered and seized from the possession of the applicant in the presence of witnesses. On the basis of the said seizure, Crime No. 87/2026 was registered against the applicant for the offences punishable under Sections 34(2) and 59(A) of the C.G. Excise Act and the applicant was arrested on 10.03.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. He further submit that submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 10.03.2026 and the 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 in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. 60 liters of raw Mahua liquor therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court, further the quantity of liquor seized from the possession of the applicant i.e. 60 liters of raw Mahua liquor and he is in jail since 10.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Tilochan Chouhan, involved in Crime No. 87/2026, registered at Police Station : Gharghoda District- Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act, be released on bail on furnishing 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 4 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 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. 9. OfÏce 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 Kunal