1 CGHC010252992026 2026:CGHC:28210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6057 of 2026 Daya Sahu S/o Ameen Sao Aged About 52 Years R/o Village Lundra, Police Station Lundra, District- Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Lundra, District- Surguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pawan Shrivastava, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 96/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Lundra, District- Surguja (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that acting on a secret information, the police intercepted the present applicant on 29.04.2026 while he was allegedly transporting illicit foreign liquor from Madhya Pradesh in a Duster car. Pursuant to his memorandum statement, 20.46 litres of foreign liquor, Rs.17,000/- alleged sale proceeds, and a mobile phone were recovered from the vehicle, and a further 81 litres of foreign liquor was recovered from his house, making a total seizure of 101.46 litres. Accordingly, Crime No. 96/2026 was registered against the applicant under Section 34(2) of the Chhattisgarh Excise Act. The prosecution further alleges that the applicant has criminal antecedents involving similar offences under the Excise Act and is a habitual offender engaged in the illegal transportation and sale of foreign liquor. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 101.46 bulk liters of liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has five criminal antecedents under the Excise Act and Motor Vehicle Act, out of which, in Crime No.28/1993, applicant has been fined, in Crime 3 No.46/1996, 104/2001 and 06/2024, applicant has already been acquitted of the charges, only one case i.e. case Crime No.333/2025 is pending, further the applicant is in jail since 29.04.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has five criminal antecedents under the Excise Act and Motor Vehicle Act. She further submits that total 101.46 bulk liters of liquor was recovered, 20.46 litres of foreign liquor was recovered from the vehicle on which applicant is traveling and 81 litres of foreign liquor was recovered from his house, therefore, the applicant is not entitled for grant of bail. 5. from the possession of the applicant, therefore, he is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has five criminal antecedents under the Excise Act and Motor Vehicle Act, out of which, in Crime No.28/1993, applicant has been fined, in Crime No.46/1996, 4 104/2001 and 06/2024, applicant has already been acquitted of the charges, only one case i.e. case Crime No.333/2025 is pending, further the applicant is in jail since 29.04.2026 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. 8. Accordingly, the application is allowed. 9. Let the applicant - Daya Sahu, involved in Crime No. 96/2026 registered at Police Station Lundra, District- Surguja (C.G.), for the offence punishable under Section 34(2) of the 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. 5 (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. 10. 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 Akhil