1 CGHC010214572026 2026:CGHC:28656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5020 of 2026 1 - Dinanath Verma S/o Uttam Kumar Verma Aged About 35 Years R/o Village Ringani, Thana- Hathband, Distt. Balodabazar- Bhatapara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through S H O, Thana- Hathband, Distt. Balodabazar- Bhatapara (C.G.) ... Respondent(s) (Cause title taken from CIS system) For Applicant : Mr. Samir Singh, Advocate For Respondent/State : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 75/2026 registered at Police Station- RUCHI YADAV Digitally signed by RUCHI YADAV 2 Hathband, District Baloda Bazar-Bhatapara (C.G.), for the offence punishable under Section 34 (2) of Excise Act. 2. The prosecution case, in brief, is that on 04.04.2026, acting on a secret information alleging that the applicant was storing country- made liquor for sale, the police conducted a search and allegedly recovered 19.800 bulk litres of country-made liquor from the applicant's possession. The applicant was thereafter arrested and an FIR was registered. 3. Learned counsel for the applicant submits that he is innocent and has been falsely implicated in the present case merely on suspicion. The alleged liquor was recovered from an open place and there is no material on record to establish that the applicant was in exclusive or conscious possession of the seized liquor. It is further submitted that the charge-sheet has been filed in this case, the alleged offences are triable by the learned Judicial Magistrate First Class, the applicant has remained in jail since 04.04.2026, the conclusion of the trial is likely to take considerable time. Accordingly, the applicant prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has three criminal antecedents, out of which one pertains to the provisions of the Chhattisgarh Excise Act and the remaining two are under the Indian Penal Code. It is contended that the applicant is a habitual offender and, therefore, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 04.04.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail.. 7. Let the applicant – Dinanath Verma, involved in Crime No. 75/2026 registered at Police Station Hathband, District Baloda Bazar- Bhatapara (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 his, 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi