1 CGHC010197832026 2026:CGHC:28764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4758 of 2026 1 - Chumuklal Patel S/o Ramdas Patel Aged About 62 Years R/o Bodesara P.S. Saraipali Teh- Saraipali Distt- Mahasamund (C.G.) 2 - Neeraj Agrawal S/o Satyanarayan Aged About 42 Years R/o Bodesara P.S. Saraipali Teh- Saraipali Distt- Mahasamund (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Station Sarangarh (Police Outpost Kanakbira) District- Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicants : Shri Tanuj Patwardhan, Advocate. For Non-Applicant : Smt. Smriti Shrivastava, 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.202/2026 registered at Police Station Sarangarh (Police outpost Kanakbira) District Sarangarh-Bilaigarh (C.G.) for the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.11 11:26:15 +0530 2 offence under Sections 34 (2) & 59 (A) of the Excise Act. 2. The prosecution case, in brief, is that on 3.5.2026, based on information received from the informant, the concerned Police intercepted the applicants near village Damdarha NH No.153, during their search, and recovered 13.540 bulk liters of Fine Deluxe Whiskey, Charlie Hound Orange Vodka, Premium Strong beer Dov 1100, Romeo Desi Plain Liquor and motorcycle from the present applicants. Thereafter the FIR was registered against the applicants. 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. There is no evidence to establish that the applicants were actively involved in the said crime. The applicants do not have any criminal antecedents. The applicants are in jail since 3.5.2026. 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 criminal 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. 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 criminal 3 antecedents, which is mentioned in the bail application, the applicants are in jail since 3.5.2026 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 – Chumuklal Patel & Neeraj Agrawal, involved in Crime No.202/2026 registered at Police Station Sarangarh (Police outpost Kanakbira), District Sarangarh-Bilaigarh (C.G.) for the offence under Section 34 (2) & 59 (A) of the 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 their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail 4 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 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