1 CGHC010195272026 2026:CGHC:28586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4672 of 2026 1. Hardeep Singh Raina S/o Late Harbhajan Singh Raina Aged About 40 Years R/o Ward No. 8, Jhilmila, P. S. Saraipali, District Mahasamund (C.G.) 2. Govind Mishra S/o Rishikesh Mishra Aged About 58 Years R/o Tarakna, P. S. Sohela, District Bargarh (Odisha). 3. Makardhwaj Kodaku S/o Devarat Kodaku, Aged About 48 Years R/o Limgaon, P. S. Saraipali, District Mahasamund (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House Officer P. S. Basna, District Mahasamund (C.G.) ... Non-applicant For Applicants : Ms. Gayatri Chouhan, Advocate. For Respondent : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 222/2026 registered at Police Station - Basna, District – Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.10 11:02:21 +0530 2 2. The prosecution story, in brief, is that on 01.05.2026, acting on information received from the informant, the police intercepted a Tata vehicle bearing Registration No. CG-06-GZ-2093 on the Gadphuljhar– Toresingha Road and allegedly seized 27 bulk litres of English liquor, valued at Rs. 22,500/-, from the possession of the present applicants, who were allegedly transporting the same. On the basis of the said seizure, the police registered an FIR against the applicants for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. She submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. She further submits that the though the applicant No. 2 and 3 have no criminal antecedents, the applicant No. 01 has two criminal cases registered against them under the IPC, pertaining to the years 2017 and 2022, in both of which they have already been acquitted. She further submits that the applicants have been in judicial custody since 01.05.2026, and the conclusion of the trial is likely to take considerable time. Accordingly, she prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court in the present case. She further submits that, apart from the aforesaid two cases, the applicant No. 1 has two more criminal cases registered against him under the IPC. Therefore, the applicants are not entitled to the 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 applicants, and the fact that the though the applicant No. 2 and 3 have no criminal antecedents, the applicant No. 01 has two criminal cases registered against them under the IPC, pertaining to the years 2017 and 2022, in both of which they have already been acquitted, further the fact that the applicants have been in judicial custody since 01.05.2026 and that the charge-sheet has already been filed before the competent Court. Considering that the conclusion of the trial is likely to take some more time, this Court is of the view that the applicants are entitled to be released on regular bail in the present case. 7. Accordingly, the application is allowed. 8. Let the applicant - Hardeep Singh Raina, Govind Mishra and Makardhwaj Kodaku, involved in Crime No. 222/2026 registered at Police Station - Basna, District – Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, 4 the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek