1 2026:CGHC:24105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3485 of 2026 • Abdul Aameen S/o Late Abdul Rafiq Aged About 27 Years R/o Khokhopara, Near Imam Bada, Purani Basti, District- Raipur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Police Station Purani Basti, District- Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ashish Gangwani, Advocate For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.06.2026 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 he has been arrested in connection with Crime No. 59/2026, registered at Police Station – Purani Basti, District – Raipur (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that on 03.02.2026, the Assistant Sub-Inspector of Police Station Purani Basti received credible information from a informant that near the pond situated behind Shiv Mandir, Bandhwa Talab area, one person was illegally storing VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.17 11:17:44 +0530 2 and selling country liquor. Acting upon the said information, the police officials, along with staff and independent witnesses, proceeded to the spot and apprehended the accused in possession of a yellow- colored plastic sack. Upon inquiry, the accused disclosed his name. On being questioned, the accused admitted that he had kept the liquor for the purpose of illegal sale. Thereafter, in the presence of witnesses, search and seizure proceedings were carried out, during which 42 quarters (pavvas) of "Desi Masala Madira Shole" were recovered from the said sack, each containing 180 ml, totaling 7.560 bulk liters of liquor. The seized liquor was valued at Rs. 4,200/-. Additionally, a sum of Rs. 300/- was recovered from the possession of the accused, which was suspected to be proceeds from the sale of illicit liquor, on the basis of the aforesaid recovery, a crime was registered against the accused under Section 34(2) of the Excise Act. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are total seven criminal antecedents registered against the present applicant and details of the same are mentioned in the bail application at paragraph No.4 (a). It is further submitted that the charge-sheet has 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 03.02.2026 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 are total seven criminal antecedents registered against the present applicant, out of which 3 one case is under the NDPS Act and one is under the Excise Act, it appears that applicant is a habitual offender and and details of the same are mentioned in the bail application at paragraph No.4 (a). She further submits that charge-sheet has been filed in this case. It is further submitted that a total of 7.560 liters of liquor has been seized from the possession of the present applicant, therefore, he is 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 applicant and the fact that charge-sheet has been filed against the applicant and he is in jail since 03.02.2026, conclusion of the trial is likely to take some time and considering the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Abdul Aameen involved in Crime No.59/2026, registered at Police Station – Purani Basti, District – Raipur (C.G.) for the offence punishable under Section 34(2) 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. (ii) The applicant shall remain present before the trial 4 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. 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