1 CGHC010222052026 2026:CGHC:29112 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.5189 of 2026 Leelaram Suryawanshi S/o Ghunaru Suryawanshi Aged About 39 Years R/o Village Meubhantha P.S. Pamgarh District Janjgir Champa C.G. ... Applicant versus State Of Chhattisgarh Through- District Magistrate Divisional Flying Squad Bilaspur District Bilaspur C.G. ... Non-applicant _____________________________________________________ For Applicant :Mr. Achyut Tiwari, Advocate. For Non-applicant/State :Mr. Malay Jain, 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 connection with Crime No.13/2026 registered at Police Station – District Magistrate, Divisional Flying Squad, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.13 11:39:57 +0530 2 Bilaspur, District Bilaspur (C.G.) for the offences under Sections 34(1)(a), 34(2) and 59(A) of CG Excise Act. 2. According to the prosecution case, on 24.04.2026, District Magistrate, Divisional Flying Squad, Bilaspur Bilaspur, District Janjgir Champa (C.G.) recovered total quantity of 48.315 Litres of country-made liquor from possession of the Applicant. Based on the aforesaid allegations, the present offences have been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is in jail since 24.04.2026. It is further submitted that the offence is triable by the Magistrate and conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the present Applicant has two previous criminal antecedents registered against him under the Excise Act. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel 3 for the parties, the nature of allegations, the quantity of liquor allegedly seized from the possession of the Applicant, the fact that the offence is triable by the Court of Magistrate, the period of custody of the Applicant since 24.04.2026 and the fact that the trial is likely to take considerable time for its conclusion, without further expressing anything on the merits of the case, this Court is of the considered opinion that it is a fit case to grant bail to the Applicant. Accordingly, the bail application is allowed. 7. Let Applicant- Leelaram Suryawanshi involved in Crime No. 13/2026 registered at Police Station – District Magistrate, Divisional Flying Squad, Bilaspur, District Bilaspur (C.G.) for the offences under Sections 34(1)(a), 34(2) and 59(A) of CG 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 Priya