1 2026:CGHC:27285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.2915 of 2026 Jitesh Mirdha, S/o Late Shyam Mirdha, Aged About 31 Years, R/o Village- Junadih Jamgaon, Police Station Chakradhar Nagar, District- Raigarh (C.G.) ... Application versus State Of Chhattisgarh Through The Station House Officer, Police Station- Chakradhar Nagar, District- Raigarh (C.G.) ... Non-applicant ___________________________________________________ For Applicant :Mr. Pawan Kesharwani, Advocate. For Non-applicant/State :Ms. Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.03 11:36:08 +0530 2 for grant of regular bail, as he has been arrested in connection with Crime No.99/2026 registered at Police Station – Chakradhar Nagar, District Raigarh (C.G.), for the offences under Sections 34(2) & 59(A) of Excise Act. 2. Briefly state, the facts of the case are that on 15.03.2026, Police Station Chakradhar Nagar received secret information that the present Applicant was in possession of illicit hand- made Mahua liquor for the purpose of sale in front of his house. Acting upon the said information, the police reached the spot and conducted a search, during which 22 litres of hand-made Mahua liquor was recovered and seized from the possession of the Applicant. On the basis of the aforesaid allegations, the present offences have been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged hand-made Mahua liquor was recovered from outside the Applicant's house and not from his conscious possession. He further submits that the Applicant has no criminal antecedents, has been in judicial custody since 15.03.2026 and the investigation has already been completed. It is also submitted that the Applicant is the sole breadwinner of his family, is responsible 3 for maintaining his aged parents and is employed as a welder. Laslty, it is submitted that conclusion of trial is likely to take quite some time, therefore, the Applicant may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application but fairly submits that there are no previous criminal antecedents against the present Applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the pre-trial detention, no exclusive seizure of illicit liquor was made from the possession of the present Applicant and further considering the likelihood of the trial taking considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Jitesh Mirdha involved in Crime No.99/2026 registered at Police Station – Chakradhar Nagar, District Raigarh (C.G.), for the offences under Sections 34(2) & 59(A) of Excise Act be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerbned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Barve