1 CGHC010149562026 2026:CGHC:28239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3788 of 2026 Raju Ekka S/o Banshi Ekka, Aged About 27 Years R/o Govardhanpur, Police Station Chakradhar Nagar Tahsil And -Distirct Raigarh, C.G. ... Applicant versus State Of Chhattisgarh Through -Station House Office, Police Station Chakradhar, Nagar, District -Raigarh C.G. ... Non-Applicant For Applicant : Shri Prabhat Kumar Saxena, Advocate. For Non-Applicant : Miss Nupur Trivedi, 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.111/2026 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence under Sections 34 (2) and 59 (d) of the CG Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.09 18:59:37 +0530 2 2. The prosecution case, in brief, is that on 22.3.2026, the concerned Head Constable was posted at PS Chakradhar Nagar, who recovered a total of 15 liters of hand brewed Mahur liquor from possession of the applicant in the presence of witnesses. Thereafter FIR has been 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 applicant has 2 criminal antecedents registered against him, out of which in one case, he has already been acquitted whereas the other case is pending. He is in jail since 22.3.2026. 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 has 2 criminal antecedents registered against him, out of which in one case, he has already been acquitted whereas the other case is pending 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 against the applicant, applicant has 2 criminal antecedents registered against him, out of which in one case, he has already been acquitted whereas the other case is pending, the applicant is 3 in jail since 22.3.2026 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 – Raju Ekka, involved in Crime No.111/2026 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence under Section 34 (2) & 59 (d) of the CG Excise Act, 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, 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 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