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2026 DAILYLAW 26510 (CHH)

ANUJ JAISWAL v. STATE OF CHHATTISGARH

MCRC/4262/2026 · 2026-07-12

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Judgment text

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1 CGHC010179582026 2026:CGHC:29423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4262 of 2026 Anuj Jaiswal S/o Chamaar Singh Jaiswal Aged About 32 Years Haldharpali Police Station - Kedar District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station Kedar District- Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Shri Amit Singh Chauhan, Advocate. For Non-Applicant : Shri Sourabh Sahu, 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 to the applicant who has been arrested in connection with Crime No.32/2026 registered at Police Station Kedar District Sarangarh – Bilaigarh (C.G.) for the offence under Sections 34 (2) & 59 (A) of the CG Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.14 16:46:34 +0530 2 2. The prosecution case, in brief, is that on the basis of secret information received from the informant, the concerned police has recovered 10 bulk liters of Mahua liquor from possession of the applicant. Thereafter the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The applicant has 4 criminal antecedents under the Excise Act, BNS & CrPC, out of which 3 cases have already been disposed of and only one case is pending. The applicant is in jail since 18.4.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has 4 criminal antecedents under the Excise Act, BNS & CrPC, out of which 3 cases have already been disposed of and only one case is pending, and the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, the applicant has 4 criminal antecedents under the Excise Act, BNS & CrPC, out of which 3 cases have already been disposed of and only one case is pending, which is 3 mentioned in the bail application, the applicant is in jail since 18.4.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Anuj Jaiswal, involved in Crime No.32/2026 registered at Police Station Kedar District Sarangarh – Bilaigarh (C.G.) for the offence under Sections 34 (2) & 59 (A) of the CG 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 their 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 his presence, 4 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 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