1 CGHC010175082026 2026:CGHC:29389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4111 of 2026 1 - Ravi Banjare S/o Dhaniram Aged About 40 Years R/o Village Tikaitpendri, P.S. Sargaon, District Mungeli Chhattisgarh 2 - Ajay Madhukar S/o Naamdas Aged About 20 Years R/o Village Tikaitpendri, P.S. Sargaon, District Mungeli Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer P.S. Sargaon, District Mungeli Chhattisgarh ... Respondent(s) For Applicant(s) : Dr. Arpit Lall, Advocate For Respondent(s)/State : Ms. Nupur Trivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/07/2026 RUCHI YADAV Digitally signed by RUCHI YADAV 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 applicants, who have been arrested in connection with Crime No. 76/2026 registered at Police Station- Sargaon, District- Mungeli, (C.G.), for the offence punishable under Sections 34(2) and 59 (A) of Chhattisgarh Excise Act. 2. The prosecution story, in brief, is that on 20.04.2026, the police received information from a reliable informant (Mukhbir) that a person was transporting illicit liquor on a motorcycle. Acting upon the said information, the police intercepted the motorcycle bearing registration No. CG-10-CA-4354 and allegedly recovered 100 bottles of country-made liquor and one bottle of foreign liquor, measuring a total of 18.750 bulk litres, valued at approximately ₹8,800. Thereafter, the offence was registered against the applicant. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that no contraband liquor has been recovered from their exclusive or conscious possession. Learned counsel further submits that the alleged offences are triable by the learned Judicial Magistrate First Class and that the charge-sheet has already been filed in the matter. It is further contended that the applicants have no criminal antecedents, have been in judicial custody since 21.04.2026, and that the conclusion of the trial is 3 likely to take considerable time. On these grounds, learned counsel prays for grant of bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that sufficient material is available on record to prima facie establish the involvement of the applicants in the alleged offence. Learned State counsel, however, fairly submits that the applicants have no criminal antecedents and that the charge- sheet has already been filed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature of the allegations, the fact that no criminal antecedents have been reported against the applicants, the charge-sheet has already been filed, the applicants have been in judicial custody since 21.04.2026, the alleged offences are triable by the learned Judicial Magistrate First Class and the conclusion of the trial is likely to take considerable time. Accordingly, without expressing any opinion on the merits of the case, the bail application deserves to be and is hereby allowed. 7. Let the applicants, namely Ravi Banjare and Ajay Madhukar, involved in Crime No. 76/2026 registered at Police Station- Sargaon, District- Mungeli, (C.G.), for the offence punishable under Sections 34(2) and 59 (A) of Chhattisgarh Excise Act, be released on bail on their furnishing personal bonds with two 4 sureties each in the like sum to the satisfaction of the Court concerned, subject to 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 their absence, without sufficient cause, the trial court may proceed 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 their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 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 them 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi