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2026 DAILYLAW 22165 (CHH)

VIKAS BHARTI v. STATE OF CHHATTISGARH

MCRC/5363/2026 · 2026-06-18

body2026

Judgment text

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1 2026:CGHC:25195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5363 of 2026 Vikas Bharti S/o Shri Raju Bharti Aged About 20 Years R/o Atal Awash Devrikhurd, P S Torwa, Distt. Bilaspur, Chhattisgarh. … Applicant versus State Of Chhattisgarh Through S H O Torwa Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : None. For Non-Applicant/State : Mr. Shailendra Sharma, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19.06.2026 1. None appears on behalf of the applicant to press this application when the case is called out, however, with the assistance of the learned State counsel, this Court proceeds to hear and decide this bail application. 2. 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. 116/2026 registered at Police Station – Torwa, District – Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.19 18:13:45 +0530 2 3. As per prosecution, according to the case diary, that it is alleged that present applicant found in possession 9.360 bulk liters Plain Country made Liquor, which is seized from the possession of the applicant and registered the aforesaid offence against the applicant. 4. It has been pleaded in the bail application that the applicant is in jail since 01.03.2026. It is further submitted that the applicant has six previous criminal antecedents, out of which two cases are disposed of and other four cases are pending. Explanation of the same has been given in Part D of this bail application. 5. Learned counsel for the State/non-applicant opposes the bail application. He further submitted that the charge-sheet has been filed and submits that the applicant has six previous criminal antecedents, hence, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the State and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has been filed, further applicant has six previous criminal antecedents, out of which two cases are disposed of and other four cases are pending, and the applicant has been in custody since 01.03.2026, and that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 8. Accordingly, the bail application is allowed. Let the applicant - Vikas Bharti, involved in Crime No. 116/2026 registered at Police Station – Torwa, District – Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on his 3 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 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 BNS. (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 BNS. (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 4 of liberty of bail and proceed against him in accordance with law. 9. After passing of the order, Mr. Dheerendra Pandey, learned counsel for the applicant, appeared before the Court and submits that his presence may be marked. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti