1 2026:CGHC:24487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5273 of 2026 Sunil Kumar Dewangan S/o Roshan Lal Dewangan Aged About 45 Years R/o Ward No. 13, Kankalipara, Post And Tahsil Simga, District Balodabazar Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Tilda, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. This is the First bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 25/2026 registered at Police Station – Excise Circle Tilda, District Raipur (C.G.), for the offence punishable under Sections 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act. 2. As per the brief facts of the prosecution case, the police received secret information from an informant that unknown persons were illegally possessing country-made liquor for the purpose of sale. Acting Digitally signed by JYOTI JHA Date: 2026.06.18 18:10:59 +0530 2 upon the said information, the police conducted a raid and allegedly seized 8.770 bulk litres of country-made Mahua liquor from an open place. It is alleged that the accused persons failed to produce any valid document or licence in respect of the seized liquor. Consequently, a case was registered against the accused persons for offences punishable under Sections 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act. Thereafter, the applicant was arrested for the commission of the alleged offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has two previous criminal antecedents of Excise Act, in one case, he has been acquitted. He also submits that the applicant is in jail since 03.05.2026. It is further argued by him that the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. He further fairly submits the fact that the applicant has two previous criminal antecedents of Excise Act, in one case he has been acquitted. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that the applicant has two previous criminal antecedents under the Excise Act, out of which he has been acquitted in one case, the applicant is in custody since 03.05.2026, and the trial is likely to take considerable 3 time for its conclusion, this Court is of the view that the applicant is entitled to be enlarged on bail. Accordingly, without commenting upon the merits of the case, the present application deserves to be and is hereby allowed. 7. Let applicant, Sunil Kumar Dewangan, involved in Crime No. 25/2026 registered at Police Station : Tilda District Raipur (C.G.) for the offence punishable under Section 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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. 4 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 Jyoti