1 2026:CGHC:24101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3489 of 2026 Vidhan Adhikari S/o Shri Krishnapad Adhikari Aged About 48 Years R/o Village P.V. 107, Police Station Bande, Distt. North Bastar Kanker, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Bande, Distt. North Bastar, Kanker, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Smita Shrivastava, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.07/2026, registered at Police Station - Bande, District - North Bastar, Kanker(C.G.) for the offence punishable under Section Under Sections 34(2) of the C.G. Excise Act. 2. The prosecution story in brief is that on 02.02.2026 (date is correctly VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 18:35:53 +0530 2 mentioned), Police of police station Pakhanjur, received a secret information from the informant that Vidhan Adhikari resident of P.V. 107 Shaktinagar Irpanar is looking for customers to sell illegally manufactured Mahua liquor which he has kept in his house. Therefore a search was made and total 25 liters of hand-made mahua liquor was allegedly recovered and the applicant was arrested and a case was registered and after completion of investigation the charge sheet has been filled. 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 prosecution has failed to collect any material sufficient to hold the applicant guilty. The alleged offences are triable by the learned Magistrate and, therefore, the applicant is entitled to the benefit of the principles laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar. The applicant is a young person and the offences alleged against him are neither punishable with death nor imprisonment for life; hence, his continued incarceration would be unjustified and seriously prejudicial to his future prospects. The applicant has been in judicial custody since 02.02.2026 and the investigation has already been completed with the filing of the charge- sheet, leaving no possibility of tampering with the prosecution evidence. The applicant is the sole breadwinner of his family and his continued detention is causing severe hardship to his dependents. Further, the offences being triable by the Magistrate and the applicant having no criminal antecedents, his further detention serves no useful purpose. Accordingly, the applicant deserves to be enlarged on bail. 3 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in jail since 02.02.2026, and that the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Vidhan Adhikari, involved in Crime No.07/2026, registered at Police Station - Bande, District - North Bastar, Kanker(C.G.) for the offence punishable under Section Under Sections 34(2) of the C.G. Excise Act, be released on bail on 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 law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her 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 him presence, proclamation under Section 84 of BNSS. is issued and 4 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/- (Ramesh Sinha) Chief Justice vaibhav