1 CGHC010163712026 2026:CGHC:28242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3785 of 2026 Pawan Kumar Kalanga S/o Shri Ramlal Kalanga, Aged About 31 Years R/o Village Lalpur, Thana, Tamnar, District - Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Tamnar, District- Raigarh C.G. ... Non-Applicant For Applicant : Shri Khilendra Sahu, Advocate. For Non-Applicant : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.67/2026 registered at Police Station Tamnar District Raigarh (C.G.) for the offence under Sections 34 (2) and 59 (a) of the CG Excise Act, 2015. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.09 19:04:58 +0530 2 2. The prosecution case, in brief, is that on 4.4.2026, the concerned Police received a secret information that the applicant, who works as liquor seller, was walking on the roadside carrying liquor in two bags. On the basis of said information, a raid was conducted and the applicant was found carrying bag in his hand in which 30 liters of Mahua liquor was kept. The said liquor was seized and the applicant was arrested and the FIR was registered. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The prosecution agency has not collected any cogent and reliable evidence against the applicant and the alleged recovery has been made from the open place. The applicant has been implicated only because he was found near the place of incident. The applicant does not have any criminal antecedents. He is in jail since 4.4.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents and the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted 3 against the applicant, the applicant does not have any criminal antecedents, the applicant is in jail since 4.4.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Pawan Kumar Kalanga, involved in Crime No. 67/2026 registered at Police Station Tamnar, District Raigarh (C.G.) for the offence under Section 34 (2) & 59 (a) of the CG Excise Act, 2015, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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, 4 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve 5