1 2026:CGHC:23478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4901 of 2026 Dev Kumar Ram S/o Krishna Aged About 36 Years R/o Pandripani Tukutoli, Police Station - Bagicha, District - Jashpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Excise Officer, Excise Circle, Kansabel, District - Jashpur (C.G.) ... Non-applicant(s) For Applicant(s) :Mr. Harish Khuntiya, Advocate. For Non-applicant/State :Mr. Rishiraj Pithawa, Dy. Govt. Advocate. Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 26/05/2026 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. 149/2026 registered at Excise Circle, Kansabel, District– Jashpur (C.G.), for the offences punishable under Sections 34(1) (E) and 34(2) of the Chhattisgarh Excise Act. 2. That, as per the prosecution story, in brief, on the basis of secret information received through an informant, the Excise Officials of Digitally signed by ALOK SHARMA Date: 2026.05.26 17:20:20 +0530 2 Excise Circle, Kansabel allegedly recovered 14 litres of Mahua liquor and 35 kilograms of Lahan from the possession of the applicant. Accordingly, an offence under Sections 34(1)(E) and 34(2) of the Chhattisgarh Excise Act was registered against the applicant, and he was arrested in connection therewith. 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 alleged contraband liquor was not recovered from the exclusive and conscious possession of the applicant. The applicant belongs to a Scheduled Tribe community and is a resident of a remote village, and has been unnecessarily implicated by the Excise officials. It is further submitted that the offences alleged against the applicant are not punishable with death or imprisonment for life. The applicant has no criminal antecedents and is in judicial custody since 18.03.2026. The investigation has already been completed and the charge-sheet has been filed before the competent Court; therefore, his further custodial detention is not required. It is also submitted that the trial is likely to take considerable time for its conclusion. 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 or influencing the witnesses. The applicant is ready and willing to abide by all terms and conditions that may be imposed by this Court and to furnish adequate surety for his release. Hence, it is prayed that the applicant be enlarged 3 on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been filed in the present case. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has already been filed, as well as the circumstance that the applicant has been in jail since 18.03.2026 and the conclusion of the trial is likely to take some time, without commenting on the merits of the case, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant – Dev Kumar Ram, involved in Crime No. 149/2026 registered at Excise Circle, Kansabel, District–Jashpur (C.G.), for the offences punishable under Sections 34(1)(E) and 34(2) of the Chhattisgarh 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 4 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. (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/- (Bibhu Datta Guru) Judge Alok