1 CGHC010259292026 2026:CGHC:28409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6077 of 2026 Shrawan Gond S/o Kuswa Gond Aged About 23 Years R/o Village Chhirchuwa, Police Station Sarsiwan, District Sarangarh Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Sho, Police Station, Sarsiwan, District Sarangarh Bilaigarh (C.G.) ...Non-applicant For Applicant : Mr. Vikram Pratap, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2026 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. 114/2026 registered at Police Station - Sarsiwan, District Sarangarh (C.G.), for the offences punishable under Sections 34(2) & 59(A) of the Excise Act. 2. The prosecution story, in brief, is that on 06.05.2026, the police of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.09 19:08:33 +0530 2 Police Station Sarswan, District Sarangarh-Bilaigarh (C.G.), received secret information that the present applicant was illegally engaged in the manufacture and sale of hand-made liquor. Acting upon the said information, the police party immediately proceeded to the spot and conducted a search, during which 60 bulk litres of illicit hand-made liquor were allegedly recovered and seized from the possession of the applicant. Thereafter, following the due process of law, Crime No. 114/2026 was registered against the applicant for the offences punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, and the investigation was taken up. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on the basis of a concocted and fabricated prosecution story. It is contended that the alleged liquor was not recovered from the conscious or exclusive physical possession of the applicant, but was seized from an open place, and therefore no presumption can be drawn against him. It is further submitted that the applicant neither committed nor participated in the alleged offence and has been unnecessarily implicated. Learned counsel also submits that although the learned trial Court rejected the applicant's bail application on the ground of one criminal antecedent, the same by itself is not sufficient to deny the benefit of bail in the facts and circumstances of the present case. It is further submitted that the applicant has been in judicial custody since 06.05.2026, the investigation stands completed, and the trial is likely to take considerable time to conclude. The applicant is a permanent resident of the address mentioned in the cause title, has movable and immovable properties within the jurisdiction, and there is no likelihood 3 of his absconding or tampering with the prosecution evidence. The applicant is ready and willing to furnish adequate surety and to abide by all the terms and conditions that may be imposed by this Hon'ble Court. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case and that the applicant has one criminal antecedent, therefore, he is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been filed before the competent Court and and that the applicant has remained in judicial custody since 06.05.2026, and as the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Shrawan Gond, involved in Crime No. 114/2026 registered at Police Station - Sarsiwan, District Sarangarh (C.G.), for the offences punishable under Sections 34(2) & 59(A) of the Excise Act, be released on bail on his furnishing personal bond with two local 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 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 Vaibhav