1 CGHC010172262026 2026:CGHC:29421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4274 of 2026 1 - Kirti Sahu S/o Jaikumar Sahu Aged About 35 Years R/o Village Jeeradabari, P.S. Basna, Tahsil Basna, Distt. Mahasamund, Chhattisgarh. 2 - Nimai Bhoi S/o Bali Bhoi Aged About 23 Years R/o Village Jeeradabari, P.S. Basna, Tahsil Basna, Distt. Mahasamund, Chhattisgarh. 3 - Bariklal Bhoi S/o Samaru Bhoi Aged About 23 Years R/o Village Jeeradabari, P.S. Basna, Tahsil Basna, Distt. Mahasamund, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Sankara, Distt. Mahasamund, Chhattisgarh ... Non-Applicant For Applicants : Shri R. Pradhan, Advocate. For Non-Applicant : Shri Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.14 17:04:36 +0530 2 to the applicants who have been arrested in connection with Crime No.60/2026 registered at Police Station Sankara, District Mahasamund (C.G.) for the offence under Section 34 (2) of the CG Excise Act. 2. The prosecution case, in brief, is that on receiving secret information that 3 persons, who are travelling on the motorcycle bearing registration No.CG-06/GK-3104, are possessing illicit liquor, the concerned Police reached the spot, stopped the motorcycle and recovered total 22 bulk liters of country made liquor from joint possession of the 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. The present applicants are not involved in commission of alleged offence for which FIR has been registered against them. The applicants do not have any previous criminal antecedents. They are in jail since 27.3.2026. Therefore, the applicants may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicants would oppose the bail application and submit that the applicants do not have any previous 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. 3 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 previous criminal antecedents, they are in jail since 27.3.2026 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 Applicants – Kirti Sahu, Nimai Bhoi & Bariklal Bhoi involved in Crime No.60/2026 registered at Police Station Sankara, District Mahasamund (C.G.) for the offence under Section 34 (2) of the CG 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 his absence, without sufficient cause, the trial court may proceed 4 against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his 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 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