1 CGHC010222322026 2026:CGHC:29031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5170 of 2026 1. Navin Chouhan Son of Ganeram Chouhan, Aged About 26 Years Resident of Village Purushottampur Chowki, Bhanwarpur P.S. Basna District-Mahasamund Chhattisgarh 2. Atul Sahu, Son Of Ramdular Sahu Aged About 27 Years Resident of Village Salkhand, Police Chowki Bhanwarpur P.S. Basna District- Mahasamund Chhattisgarh ... Applicants versus State of Chhattisgarh Through - Station House Officer, Police Station Basna District- Mahasamund (C.G.) ---- Non-Applicant For Applicants : Mr. Sudhir Kumar Sahu, Advocate For Non-Applicant : Mr. Subham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 240/2026 registered at Police Station-Basna, District Mahasamund, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Case. 2. Case of the prosecution, in brief, is that the applicants were found in possession of 39.600 bulk liters of country-made liquor without any ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.13 11:47:20 +0530 2 authority of law. 3. Learned counsel for the applicants would submit that the applicants have not committed any offence and they have falsely been implicated in offence in question. He would further submit that they are in jail since 7.5.2026 and trial is likely to take sometime for its conclusion. He would also submit that for offence under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. As such, the applicants be enlarged on regular bail. 4. On the other hand, learned Panel Lawyer appearing for the State/non- applicant would oppose the bail application and submit that applicant No.1 has one criminal antecedent under the Excise Act of the year 2026. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, the fact that applicant No.1 has one criminal antecedent under the Excise Act of the year 2026, whereas applicant No.2 has no previous criminal antecedents, they are in jail since 07.05.2026 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants - Navin Chouhan and Atul Sahu, involved in Crime No.240/2026 registered at Police Station-Basna, District Mahasamund, for the offence punishable under Section 34(2) of the Excise act, be released on bail on their furnishing a 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 3 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 misuses 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 them, 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 deliberated 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 for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek