1 CGHC010232152026 2026:CGHC:29203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5553 of 2026 1 - Vishnu Tekam S/o Shri Asman Tekam Aged About 43 Years R/o Chand- Suraj Chowki, Darrekasa (Vicharpur) Police Station Salhekasa District- Gondia (Maharashtra) --- Applicant(s) versus 1 - State of Chhattisgarh Through - The District- Magistrate Rajnandgon District- Rajnandgaon (C.G.) Through The Station House Officer, Police Station Bortalav, District- Rajnandgaon (C.G.) --- Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate For Respondent(s)/State : Ms. Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 36/2026 registered at Police Station- Bortalav, District Rajnandgaon (C.G.), for the offence punishable under Section 34 (2) of Excise Act. 2. According to the prosecution, acting on information received from a reliable informant (Mukhbir), the police of Police Station Bortalav, District Rajnandgaon, allegedly recovered and seized 50 bulk litres of country-made liquor from the possession of the present applicant. On the basis of the said seizure, the present First Information Report was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged country-made liquor was not recovered from the conscious and exclusive possession of the applicant. It is also submitted that the investigation has been completed and the charge-sheet has already been filed before the competent Court. The applicant has remained in jail since 16.05.2026, the conclusion of the trial is likely to take considerable time. Accordingly, the applicant prays for grant of bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that the applicant has a criminal antecedent involving an offence under the Chhattisgarh Excise Act. It is 3 contended that, in view of the applicant's criminal antecedent and the nature of the allegations, he is not entitled to the benefit of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the totality of the facts and circumstances of the case, particularly the fact that the investigation has been completed, the charge-sheet has already been filed, the applicant has remained in judicial custody since 16.05.2026, and the trial is likely to take considerable time for its conclusion, this Court is of the view that no useful purpose would be served by keeping the applicant in continued judicial custody. The applicant is stated to have one criminal antecedent under the Chhattisgarh Excise Act; however, in the facts and circumstances of the present case, the said antecedent alone is not considered sufficient to deny the applicant the benefit of bail. Accordingly, without commenting on the merits of the case, the present bail application is allowed. 7. Let the applicant – Vishnu Tekam, involved in Crime No. 36/2026 registered at Police Station- Bortalav, District Rajnandgaon (C.G.), for the offence punishable under Section 34 (2) of Excise Act. against the present applicant, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 his under Section 269 of Bharatiya Nyaya Sanhita. (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 his, 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 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi