1 CGHC010217332026 2026:CGHC:28689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5041 of 2026 1 - Panchram Dhanuwar S/o Late Lahur Singh Aged About 49 Years R/o Mainpara Kudri, Devlapath, Thana- Urga, Tahsil/distt.- Korba (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through Sho, Thana- Urga, Distt.- Korba (C.G.) --- Respondent(s) For Applicant(s) : Mr. Samir Singh, Advocate For Respondent(s)/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 RUCHI YADAV Digitally signed by RUCHI YADAV 2 been arrested in connection with Crime No. 264/2026 (wrongly mentioned in the order sheet) registered at Police Station- Urga, District- Korba (C.G.), for the offence punishable under Sections 34 (2) and 59 (A) of Excise Act. 2. The prosecution case, in brief, is that on 02.05.2026, acting on secret information that the applicant was in possession of country-made liquor for the purpose of sale, the police conducted a search and allegedly recovered 50 bulk litres of country-made liquor from the possession of the applicant. Consequently, the applicant was arrested and the present F.I.R. was registered against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged liquor was recovered from an open place and that there is no material on record to establish the applicant's exclusive or conscious possession thereof. It is further submitted that the offences are triable by the learned Judicial Magistrate First Class, the charge-sheet has been filed in the case, the applicant has no criminal antecedents, and he has been in judicial custody since 02.05.2026. It is also submitted that the conclusion of the trial is likely to take considerable time. Accordingly, the applicant prays for the grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is contended that 50 bulk 3 litres of country-made liquor were recovered during the course of investigation and, considering the nature and gravity of the allegations, the applicant is not entitled to the grant of bail. 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, particularly the fact that the alleged recovery was made from an open place, the offences are triable by the learned Judicial Magistrate First Class, the applicant has no criminal antecedents, has been in judicial custody since 02.05.2026, the charge-sheet has already been filed, and the conclusion of the trial is likely to take considerable time, this Court is of the view that, without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant – Panchram Dhanuwar, involved in Crime No. 264/2026 registered at Police Station- Urga, District- Korba (C.G.), for the offence punishable under Sections 34(2) and 59(A) 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 4 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 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. 5 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