1 2026:CGHC:26899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5801 of 2026 Himesh Kumar Pardhi @ Diamond ( As Per Impugned Order) S/o Late Kaushal Pardhi Aged About 20 Years R/o Ganiyari, P.S. Bhilai 03, Distt. Durg, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through P.S. Pulgaon, Outpost Anjora, Distt. Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Roshan Singh Lamba, Advocate. For Non-applicant/State : Ms. Smita Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 394/2026, registered at Police Station - Pulgaon, Outpost Anjora, District Durg (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution case, in brief, is that the Police of Outpost Anjora VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.02 11:19:16 +0530 2 Namely Suresh Kumar Ratre received a Secret Information that two person are illegally transporting illegal liquor from Anjora to Thanod in a motor cycle and upon that information the Police personnel reached to the spot near the Bisleri Water Company at Anjora Thanod Road and after reaching to the spot started checking the Motor cycles and upon that checking two person were stopped and after checking they were caught with 33 Quarter English liquor, which contained 180 ml each which in total was weighed around 5.940 Bulk Liters amounting to Rs 3960/- and upon asking whether you have any valid document they did not produce any valid document and upon that they were arrested at the spot and a crime was registered U/s 34(2) of CG Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to previous enmity with the police. It is contended that the applicant was merely travelling on his motorcycle along with the co-accused to Rajnandgaon for his personal work and has no connection with the alleged offence. Learned counsel further submits that, even if the prosecution case is accepted in its entirety, the quantity of liquor allegedly seized is only 5.940 bulk litres, which is marginally above the permissible limit of 5 bulk litres. It is further submitted that the alleged offence is triable by the learned Judicial Magistrate First Class and the trial is likely to take considerable time for its conclusion. The applicant has been in judicial custody for a considerable period and is the sole breadwinner of his family; therefore, his continued incarceration is causing severe financial hardship to his dependents. It is also 3 submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses, and he is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has 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, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 21.04.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Himesh Kumar Pardhi @ Diamond, involved in Crime No. 394/2026, registered at Police Station - Pulgaon, Outpost Anjora, District Durg (C.G.) for the offence punishable under Section 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 4 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. 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