1 CGHC010213752026 2026:CGHC:28639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5000 of 2026 1 - Vivek Sahu S/o Shri Birendra Sahu Aged About 26 Years R/o Village Mura, Police Outpost Birejhar, Tahsil Kurud, District- Dhamtari (C.G.) 2 - Vikas Bakshi S/o Shri Rajesh Bakshi Aged About 37 Years R/o Indiranagar, Amatalab Dhamtari, Tahsil And Distt. Dhamtari (C.G.) ... Applicant(s) versus 1 - The State of Chhattisgarh Through Station House Officer, Police Station City Kotwali Dhamtari, Distt. Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Shrivastava, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.117/2026, registered at Police Station – City Kotwali Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that on 30.04.2026 the Police of Police Station City Kotwali Dhamtari, Distt.- Dhamtari (C.G.) received a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:21:50 +0530 2 secret information from the informant with the averment that two persons kept the liquor and transporting the same through Scooty vehicle CG-05-AE-9450 for the purpose of selling the same so the police made the search at Rudri Road Near lucky Choice Center and alleged to be seized Budweiser bear 15.6 Liter from Vikas and 11.7 Liter from Vivek total bear liquor which is about 27.3 Bulk Liter thereof the notice under section 94 of BNSS is given to produce the valid documents but applicant failed to produce any documents and informed that the owner of bagga Bar given the amount for purchasing the liquor and after purchase the same they are taken to bagga bar therefore Police arrested them for the alleged commission of offence. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are no criminal antecedents registered against the present applicants. 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 applicants are in jail since 01.05.2026 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 no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that a total of 27.3 bulk liters of liquor has been seized from the joint possession of the present applicants, therefore, they are not entitled for grant of bail. 3 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 are no any criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicants and they are in jail since 01.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1, Vivek Sahu and applicant No.2 - Vikas Bakshi, involved in Crime No.117/2026, registered at Police Station – City Kotwali Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, be released on bail on his furnishing a personal bond with two sureties each 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali