1 2026:CGHC:26392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5677 of 2026 Dhanaram Sahu S/o Jivanlal Sahu Aged About 42 Years R/o Village Singarpur, P.S. Bhatapara Gramin, Block Bhatapara, Distt. Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S. Bhatapara Gramin, District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Shri Bharat Lal Dembra, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.25/2026 registered at Police Station Bhatapara Gramin, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Excise Act and Section 111 of BNS. 2. Case of the prosecution, in brief, is that on 09.01.2026, secret information was received from an informer that one Amar Yadu was GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.30 12:12:22 +0530 2 illegally selling "Deshi Masala Romiyo" (illicit spiced country liquor) from his house in Village Terenga, where the liquor was kept concealed in a brown bag. Upon search, the accused failed to produce any valid license despite notice leading to seizure of the contraband. A memorandum statement of the accused was recorded, wherein he admitted possession and sale of the illicit liquor, and he was accordingly arrested. He further disclosed that he was operating in Gram Gurph. Subsequently, co-accused Nitesh Ratre was traced and arrested, and 50 "paav" (approximately 9 bulk liters in 180 ml pouches, valued at Rs. 5,000/-) of similar illicit liquor was recovered from his possession. Samples were duly sealed for chemical analysis. During investigation, the memorandum statement of Nitesh Ratre revealed an organized syndicate allegedly involving several named individuals, including the present applicant Ravi Nishad, Ajay Markamdey, Muntu @ Pramod, Durgesh Gujratiya, and others, for the purpose of manufacturing illicit liquor. The accused persons have been charged with offences under Section 34(2) of the Chhattisgarh Excise Act, and subsequently, Section 111 of BNS was also added in the FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the name of the applicant neither mentioned in FIR nor in final report and therefore no case is made out against the applicant. He would submit that co-accused Lokesh @ Lucky Ahuja has already been granted bail by this court on 08.04.2026 in M.Cr.C. No.3133/2026. He would submit that no recovery of liquor has been made from the applicant and he has been implicated only on the basis of memorandum statement of co-accused person. He would submit that the charge sheet has been 3 filed in this case, the applicant is in jail since 04/06/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application but do not dispute the fact that co-accused has been granted bail by this court. 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, nature of allegation levelled against the applicant, further the fact that co-accused Lokesh @ Lucky Ahuja has already been granted bail by this court on 08.04.2026 in M.Cr.C. No.3133/2026, period of detention of the applicant since 04/06/2026, charge sheet has been filed 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Dhanaram Sahu, involved in Crime No.25/2026 registered at Police Station Bhatapara Gramin, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Excise Act and Section 111 of BNS, 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 4 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. 8. 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