1 CGHC010218842026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5200 of 2026 Neelu Sahu S/o- Santosh Sahu Aged About 19 Years R/o- Village Ghasinagar Bbasuladbari P.S. Bagbahara, District- Mahasamund (C.G.) ... Applicant Versus State Of Chhattisgarh Through Excise Circle Bagbahra , District- Mahasamund (C.G.) ... Respondent(s) _____________________________________________________ For Applicant : Mr. Anway Tiwari, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:26:23 +0530 2 connection with Crime No. 32/2026 registered at Police Station – Excise Circle Bagbahra, District: Mahasamund (C.G.), for the offence under Section 34(2) of Excise Act. 2. That, as per the prosecution story, that on 12.05.2026, the excise Sub-Inspector received secret information, on search 86 packets containing mahua is seized from the possession of the Applicant. Each packet containing 200 ML of Mahua total 17.200 litre and from 24 packets of 100 ML each, containing 2.400ltr mahua in total from both packets 19.600 ltr mahua has been seized from the Applicant. Thereafter case was registered against the present applicant. Hence this bail application. 3. Learned counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 12.05.2026. He further submits that the quantity of seized liquor is less then commercial quantity, charge-sheet has been filed and conclusion of trial is likely to take quite some time, therefore, he may be granted bail. 4. On the other hand, learned Counsel for the State opposed the bail application and submits that charge-sheet has been filed before the competent Court, therefore, the Applicant is not entitled to be enlarged on bail. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the pre-trial detention, quantity of the seized liquor, charge-sheet has been filed and further considering the likelihood of the trial taking considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Neelu Sahu involved in Crime No. 32/2026 registered at Police Station – Excise Circle Bagbahra, District: Mahasamund (C.G.), for the offence under Section 34(2) of Excise Act be released on bail on his furnishing a 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh