1 CGHC010156122026 2026:CGHC:28553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4517 of 2026 1 - Harnarayan Vishwakarma S/o Budhwar Vishwakarma Aged About 35 Years Caste Lohar, R/o Village Mudabhatha, Nevsa, Thana Hardibazar, District Korba Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Excise Circle, Dipka, District Korba Chhattisgarh ... Respondent (Cause title taken from CIS) For Applicant : Mr. Vikas Kumar Pandey, Advocate For State : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.365/2026, registered at Police Station – Excise Circle, Dipka, District Korba, (C.G.) for the offence punishable under Section 34(1)(क), 34(2), 59 (क) of the C.G. Excise Act. RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.07.10 11:21:21 +0530 2 2. The prosecution case, in brief, is that on 28.03.2026, on the basis of secret information received from informant, the police conducted a raid of the house of the applicant and seized 19 liters of Mahua liquor from the possession of the present applicant. Thereafter, the applicant was arrested and the present crime 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 applicant has not committed any offence as alleged and has been roped in on the basis of a false and fabricated prosecution story. Learned counsel further submits that the applicant is in jail since 28/03/2026, charge-sheet has been filed; he is the sole bread earner of his family and the trial is likely to take considerable time, therefore, prayed that the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for bail and submits that the 19 liters of Mahua liquor has been recovered from the house of the present applicant, hence, the bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the entire facts situation of the case and particularly considering that the investigation has been completed and the charge-sheet has already been filed; therefore, the 3 custodial interrogation of the applicant is no longer required. Also considering the fact that the applicant has remained in jail since 28/03/2026 and the trial is likely to take considerable time for its conclusion. In the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the prosecution case, this Court is of the considered opinion that the applicant has succeeded in making out a case for grant of bail. Accordingly, the bail application is allowed. 7. Let applicant, Harnarayan Vishwakarma, involved in Crime No.365/2026, registered at Police Station – Excise Circle, Dipka, District Korba, (C.G.) for the offence punishable under Section 34(1)(क), 34(2), 59 (क) of the C.G. Excise Act be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 cause, the trial court may proceed against him 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 within one week from today. SD/- (Ramesh Sinha) Chief Justice Rahul