1 2026:CGHC:26636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5714 of 2026 Suraj Gupta S/o Ghanshyam Gupta Aged About 34 Years R/o Village Lundra, Khalpara, P.S. and Tahsil - Lundra, District- Sarguja (C.G.) ... Applicant versus State of C.G. Through Police Station - Sitapur, District - Sarguja (C.G.) ... Non-Applicant For Applicant : Mr. Parth Kumar Jha, Advocate. For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.06.2026 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. 144/2026 registered at Police Station - Sitapur, District - Sarguja (Ambikapur) (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story, in brief, is that on 24.04.2026, while the police officials of Police Station Sitapur, District Surguja (C.G.), were conducting night patrolling in Village Pratapgarh, they received reliable information regarding the transportation of illicit liquor. Acting upon the said information, they intercepted the applicant's car for the purpose of checking. Upon searching the rear portion of the vehicle, the police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.01 14:40:55 +0530 2 officials allegedly recovered and seized one carton containing 48 bottles of MADOFF WHISKEY (180 ml each), valued at Rs. 160 per bottle, amounting to Rs. 7,680/-, and another carton containing 480 bottles of GOA SPECIAL WHISKEY (180 ml each), valued at Rs. 120 per bottle, amounting to Rs. 57,600/-. Thus, a total quantity of 95.04 litres of foreign liquor, valued at Rs. 65,280/-, was allegedly recovered from the rear side of the applicant's Renault KIGER car. Thereafter, the applicant was arrested on the same day for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 2015. Upon completion of the investigation, the police filed Charge-sheet No. 156/2026 dated 16.06.2026 before the learned Trial Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed in the present case and that the applicant has been in judicial custody since 24.04.2026. He also submits that the applicant has no previous criminal antecedents. Learned Counsel argues that under Section 34(2) of the C.G. Excise Act, the prescribed punishment ranges from a minimum of one year to a maximum of three years, and that the conclusion of the trial is likely to take a considerable amount of time. In light of the aforesaid circumstances, it is prayed that this Court may be pleased to grant regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She further submitted that the charge-sheet has been filed and also endorse the fact that the applicant has no previous criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. 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 the applicant has no previous criminal antecedents, and the applicant has been in custody since 24.04.2026, 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. 7. Accordingly, the bail application is allowed. Let the applicant - Suraj Gupta, involved in Crime No. 144/2026 registered at Police Station - Sitapur, District - Sarguja (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh 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 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 4 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 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti