1 CGHC010214122026 2026:CGHC:29018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5283 of 2026 Damodar Bharti S/o Sudarshan Bharti, Aged About 35 Years, Resident Of Village Noonpani, Police Station and Tahsil Saraipali, District Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House Officer, Police Of Police Station Saraipali, District Mahasamund (C.G.) ... Respondent For Applicant : Mr. Anil Kumar Gulati, Advocate For State/Respondent : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1 0.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 144/2026, registered at Police Station : Saraipali, District – Mahasamund (C.G.) for the offence punishable under Section 34(2) C.G. Excise Act. 2. The prosecution story in brief is that on 30.04.2026, a secret information was received to the police and on the basis of that, raid PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.12 12:50:26 +0530 2 was conducted and police intercepted the applicant who was found in possession of total 65 bulk liter country made mahua liquor. Subsequently, the applicant was arrested for the commission of the alleged offence. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case. It is further submitted that there are no specific allegations against the applicant. He further submits that applicant has only one criminal antecedent, charge-sheet has been filed and he is in jail since 30.04.2026. Therefore, learned counsel prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. It is further submitted that charge-sheet has been filed and there is one criminal antecedent under IPC against the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of the offence levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 30.04.2026, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 8. Let applicant, Damodar Bharti, involved in Crime No. 144/2026, 3 registered at Police Station : Saraipali, District – Mahasamund (C.G.) for the offence punishable under Section 34(2) C.G. Excise Act, be released on bail on furnishing personal bond with two 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure them 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 them in accordance with law. 9. 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 Preeti