1 CGHC010201762026 2026:CGHC:28713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4733 of 2026 1 - Sahdev Banjare S/o Nanakchand Aged About 23 Years R/o Ward No. 12, Guru Ghasidas Mohalla, P.S. And Tahsil Akaltara, Distt. Janjgir Champa, Chhattisgarh. 2 - Shankar Khande S/o Amol Khande Aged About 38 Years R/o Ward No. 12, Guru Ghasidas Mohalla, P.S. And Tahsil Akaltara, Distt. Janjgir Champa, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through The District Magistrate Janjgir, Distt. Janjgir Champa, Chhattisgarh. ... Non-Applicant For Applicants : Shri PM Shriwas, Advocate. For Non-Applicant : Shri Malay Jain, PL. 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 applicants who have been arrested in connection with Crime No.236/2026 registered at Police Station Akaltara District Janjgir-Champa (C.G.) for the offence under Section 34 (2) of the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.11 11:00:02 +0530 2 CG Excise Act. 2. The prosecution case, in brief, is that on 1.5.2026, the concerned Police has seized 36.720 bulk liters of country made Mahur and foreign made Whisky from possession of the applicants at Taraud Main Road, as per information given by the informant and thereafter the applicants have been arrested. Hence the bail application. 3. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. At the time of incident no liquor was seized from possession of the applicants, but the concerned Police has pressurized the applicants to put their signature/thumb on paper; which they refused and thereafter they have been falsely implicated in the case. The said liquor was seized from open place and not from exclusive possession of the applicants. The applicants do not have any previous antecedents. They are in jail since 1.5.2026. Therefore, the applicants may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicants do not have any previous antecedents and the charge sheet has been submitted against the applicants. 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, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any previous antecedents, the applicants are in jail since 1.5.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicant – Sahdev Banjare & Shankar Khande, involved in Crime No. 236/2026 registered at Police Station Akaltara, District Janjgir-Champa (C.G.) for the offence under Section 34 (2) of the CG Excise Act, be released on bail on furnishing personal bond with two sureties each 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 his absence, without sufficient cause, the trial court may proceed 4 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 him, 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Barve