1 CGHC010210822026 2026:CGHC:28661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5013 of 2026 • Gopal Gond Son of Sukhram Gond Aged About 29 Years Resident Of Village Loharsi, Police Station Shivrinarayan, District- Janjgir- Champa (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through- The District Magistrate, District- Janjgir- Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Gourav Singhal, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.04/2026, registered at Police Station – District Level Flying Scot, Janjgir District – Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) and 59(A) of C.G. Excise Act. 2. The case of the prosecution, is that on 04- 05-2026, the Assistant Excise Officer got information through informant and on the basis of said information, raid was conducted and recovered total 40 bulk VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:21:50 +0530 2 liter country made liquor from the possession of present applicant, therefore the crime as mentioned above has been registered and arrested the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is only one criminal antecedents registered against the present applicant under the Excise Act, and same is mentioned in the bail application at part-D. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 04.05.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant and same is mentioned in the bail application at part-D, which is disposed of with fine and the charge-sheet has been filed in this case. It is further submitted that a total of 40 bulk liters of country made liquor has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedents registered against the present applicant, which is disposed of with fine, charge-sheet has 3 been filed against the applicant and he is in jail since 04.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant- Gopal Gond, involved in Crime No..04/2026, registered at Police Station – District Level Flying Scot, Janjgir District – Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) and 59(A) of C.G. 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali