1 CGHC010152902026 2026:CGHC:28010 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3777 of 2026 Sonu Yadav S/o Santosh Kumar Yadav Aged About 24 Years R/o Subhash Ward, Bhatapara, Police Station Bhatapara City, District Balodabazar-Bhatapara C.G. --- Applicant versus State Of Chhattisgarh Through S H O, P S Bhatapara City, District Balodabazar-Bhatapara C.G. --- Non-Applicant MCRC No. 5380 of 2026 Ashish Dhruw S/o Lalit Dhruw Aged About 23 Years R/o Hathnipara Ward Bhatapara P.S. Bhatapra District Balodabazar Bhatapara C.G. ---Applicant Versus State Of Chhattisgarh Through- The Station House Officer Police Of Police Station Bhatapara City District Balodabazar Bhatapara C.G. --- Non-Applicant For Applicant in MCRC No. 3777/26 : Shri Ankur Diwan, Advocate. For Applicant in MCRC No. 5380/26 : Miss Gunja Taram, Advocate. For Non-Applicant : Miss Ankita Shukla, PL. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.08 11:27:46 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.52/2026 registered at Police Station Bhatapara City, District Balodabazar-Bhartapara (C.G.) for the offence under Section 34 (2) of the CG Excise Act. 3. Case of the prosecution is that on 19.2.2026, during patrolling, the concerned police intercepted co-accused Ashish Dhruw and seized 135 quarters of country made liquor totalling 24.300 from the possession of co-accused and on the basis of memorandum statement of said Ashish Dhruw, the applicant and co-accused Raja Nishad were arrested. Hence these bail applications. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. Charge-sheet has not been filed and trial is likely to take considerable time for disposal. The applicants are in jail since 18.3.2026 & 19.2.2026 respectively, and on the basis of memorandum statement of co-accused person, the applicants have been arrested. Therefore, the applicants may be released on bail. 3 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications. However, she submits that the applicants have 4 criminal antecedents registered against them under the BNS, IPC and Excise Act. Therefore, the bail applications may be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that on the basis of memorandum statement of co- accused the present applicants have been arrested, they are in jail since 18.3.2026 & 19.2.2026 respectively, conclusion of trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail. 8. Let the Applicants – Sonu Yadav & Ashish Dhruw, involved in Crime No.52/2026 registered at Police Station Bhatapara City, District Balodabazar-Bhatapara (C.G.) for offence under Section 34 (2) of the CG Excise Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their 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 applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 applicants 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 applicants 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. 5 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve