1 2026:CGHC:23886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3052 of 2026 Badal Khunte S/o Dashrath Khunte, Aged About 19 Years R/o Village- Hardi, Police Station- Sakti, District- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Sakti (Wrongly Mentioned As Baradwar In The Order- Sheet), District- Sakti (C.G.) ... Respondent For Applicant : Shri Chandrikaditya Pandey, Advocate. For Respondent/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. Heard on application for permission to withdraw of the change of counsel in MCRC No. 3052 of 2026 alongwith withdraw of vakalatnama/power. 2. On due consideration, same is allowed. 3. This is the first bail application filed under Section 483 of the Bharatiya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.16 17:39:01 +0530 2 Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.132/2026 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2), 42 of C.G. Excise Act. (As per FIR). 4. Case of the prosecution, in brief, is that on receiving secret information, the police of Police Station Sakti raided Village Hardi, Thakur Dabri, where the present applicant and two co-accused were allegedly found after preparing handmade country (Mahua) liquor. It is alleged that 20 bulk litres of Mahua liquor each were seized from the present applicant and co-accused Hunesh Banjare, and 10 bulk litres from co-accused Laxmi Khunte, totaling 50 bulk litres. Two motorcycles worth Rs. 70,000/- were also seized. Accordingly, Dehati Nalsi/Zero FIR was registered and Crime No. 132/2025 was registered for the offences punishable under Sections 34(2) and 42 of the Chhattisgarh Excise Act. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is contended that the applicant, aged about 18 years, is a regular Class XII student and was neither present at the spot nor involved in the alleged offence. It is further submitted that the seizure memo suffers from procedural irregularities and mandatory provisions of law have not been complied with. He would submit that no illicit liquor was recovered from the exclusive possession of the applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 3 21/03/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 21/03/2026, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Accordingly, the bail application is allowed and it is directed that the Applicant- Badal Khunte, involved in Crime No. 132/2026 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2), 42 of C.G. 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:- (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. 4 (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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri