1 CGHC010178212026 2026:CGHC:28883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4700 of 2026 Daulat Kashyap S/o Sukhasagar @ Ramkumar Kashyap Aged About 18 Years R/o Village- Bhainso Police Station And Tahsil- Pamgarh District- Janjgir-Champa (C.G.) ...Applicant versus State Of Chhattisgarh Through- The District- Magistrate Janjgir, District- Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 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. 11/2026, registered at Police Station – Excise Circle pamgarh District- Janjgir-Champa (C.G.) for the offence punishable under Section 34(1) (A)(F),34(2) & 59 of the C.G. Excise Act. 2. The prosecution case, in brief, is that on 24.04.2026, police officers of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 17:30:26 +0530 2 Excise Circle Pamgarh, District-Janjgir-Champa (C.G.) have seized 17.8 bulk liter countries made (Mahua) liquor and 60 Kg. Mahúa Lahaan from Lohari Aama Nala Bhainso, as per information given by the informer and thereafter applicant has subsequently been arrested by concern prosecution authorities. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case solely on account of his criminal antecedents, without any credible material connecting him with the alleged offence. It is contended that no liquor was recovered from the possession or exclusive possession of the applicant, as the alleged seizure was made from an open place. It is further submitted that the applicant refused to sign the seizure proceedings as a witness under pressure from the police authorities, and thereafter he was falsely implicated to shield the real offender. It is argued that the investigation has already been completed and the applicant's further custodial detention is not required. The alleged offences are triable by the Judicial Magistrate, and since the trial is likely to take considerable time, continued incarceration of the applicant would serve no useful purpose. It is further submitted that the applicant is a permanent resident of Village Bhainso, Police Station Pamgarh, District Janjgir-Champa (C.G.), there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 24.04.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Daulat Kashyap, involved in Crime No. 11/2026, registered at Police Station – Excise Circle pamgarh District- Janjgir- Champa (C.G.) for the offence punishable under Section 34(1)(A) (F),34(2) & 59 of the C.G. Excise Act, be released on bail on 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 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav