1 CGHC010205522026 2026:CGHC:28749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4831 of 2026 Doman Nishad S/o Shivkumar Nishad Aged About 20 Years R/o- Gram- Akoli, Police Station And Tehsil Nandghat, District- Bemetara (C.G.) ... Applicant Versus State Of Chhattisgarh Through Sho Police Station- Simga, District- Balodabazar-Bhatapara (C.G.) ... Respondent(s) _____________________________________________________ For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 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 11:24:05 +0530 2 connection with Crime No. 137/2026 registered at Police Station – Simga, District: Balodabazar- Bhatapara (C.G.), for the offence under Section 34(2) of Excise Act. 2. That, as per prosecution story in brief, it is alleged that a secret information was received on 03.04.2026 that some persons were selling illegal liquor and while searching and present applicant has been caught during raid and total 35 piece of 180 ml each total 6.300 bulk liter of country made liquor total worth rupees 3,500/- in possession of the present applicant has been arrested and when no any satisfactory reason assigned by the applicant police registered the above FIR and seized the above liquor and also one scooty activa CG-22-AF-7996 were seized. A copy of F.I.R is being filed and marked herewith as ANNEXURE – A/5. 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 03.04.2026. He further submits that the quantity of seized liquor is less then commercial quantity, charge-sheet has not 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 3 bail application and submitted that the Applicant has three previous criminal antecedents, of which one case has been disposed of upon payment of a fine, one case resulted in acquittal, and one case is still pending. Therefore, it was contended that the Applicant is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 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 not 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- Doman Nishad involved in Crime No. 137/2026 registered at Police Station – Simga, District Balodabazar-Bhatapara (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:- 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 him 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 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