1 2026:CGHC:23559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5077 of 2026 Akash S/o Radhe Shyam Aged About 20 Years Caste Kaser R/o Village Chanvaridand, P.S. Manendragarh, District- M.C.B. (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District- Surajpur (C.G.) ... Respondent For Applicant : Ms. Durga Mehar, Advocate For Non-applicant/State : Mr. Jitendra Shriwastava, Govt. Advocate Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 04.06.2026 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. 174/2026, registered at Police Station Surajpur, Dist. Surajpur (C.G.) for the offence punishable under Sections 34(2) & SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.06.04 15:01:38 +0530 2 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 20.03.2026, the police party allegedly received secret information that a person travelling in a white coloured Eco car bearing registration No. CG- 16-CU-3835 was transporting illicit English liquor from Manendragarh towards Ambikapur. Based upon the said information, the police intercepted the aforesaid vehicle and, upon search, allegedly recovered 20 cartons of "English Goa Whisky", having a total quantity of 180 bulk litres. The said vehicle was also seized. The present applicant, namely -Akash Kaser, who was found in the said vehicle, was arrested on the spot. Thereafter, an offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act was registered against him. Hence, this application. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He submits that the prosecution has implicated the applicant solely on the basis of a rent note allegedly executed by the owner of the seized vehicle; however, the said document has not been executed by the applicant and, therefore, no reliance can be placed upon the same. He further submits that the applicant has no criminal antecedents and has been in custody since 20.03.2026 and the trial is likely to take some time for its conclusion. Learned counsel also submits that the charge-sheet 3 has already been filed and, therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. By referring to the rent note dated 15/03/2026 allegedly executed between the owner of the vehicle and the present applicant, learned State counsel submits that the vehicle in question had been rented out to the applicant on 15/03/2026. He further submits that the alleged incident occurred on 20/03/2026 and, on the said date, the police intercepted the vehicle and seized the contraband liquor along with the vehicle from the possession of the present applicant. Therefore, considering the nature and gravity of the offence and the material collected during investigation, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, particularly the fact that the owner of the vehicle has not been implicated in the present case as and accused but only on the basis of alleged rent note/ agreement executed between the applicant and the owner of the vehicle, the applicant has been implicated as accused; and the fact that the present applicant has 4 no criminal antecedent, further considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 20.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the applicant - Akash, involved in Crime No. 174/2026, registered at Police Station Surajpur, Dist. Surajpur (C.G.) for the offence punishable under Sections 34(2) & 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Bibhu Datta Guru) Judge $. Bhilwar