1 CGHC010172712026 2026:CGHC:29391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4007 of 2026 1 - Tikeshwar Sahu S/o- Ram Vilas Sahu Aged About 38 Years R/o- Village Dodki, P.S. Arjuni, District- Dhamtari (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, P.S. Arjuni, District- Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Prasoon Agrawal, Advocate For Respondent(s)/State : Ms. Nupur Trivedi, P.L. Hon'ble Mr. 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. 39/2026 registered at Police Station- Arjuni, District- Dhamtari RUCHI YADAV Digitally signed by RUCHI YADAV 2 (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 2. The prosecution story, in brief, is that on 18.03.2026, upon receiving secret information, the police authorities apprehended the applicant and allegedly recovered 5.58 bulk litres of country- made liquor, along with one motorcycle and a bag, from his possession. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no offence, as alleged, has been committed by the applicant and the alleged seizure has been falsely foisted upon him. It is further submitted that the charge-sheet has already been filed in the matter. The applicant has been in judicial custody since 18.03.2026. Learned counsel further submits that, although the applicant has three criminal antecedents, only one case is presently pending, while in the remaining two cases he has already been acquitted. It is, therefore, prayed that considering the facts and circumstances of the case, the period of incarceration undergone by the applicant and the fact that the trial is likely to take considerable time to conclude, the applicant be enlarged on bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that considering the nature and gravity of the offence, the recovery effected from the possession of the applicant and his 3 criminal antecedents, no case for grant of bail is made out. She, therefore, prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the nature of the allegations, the quantity of liquor alleged to have been recovered, the fact that the charge- sheet has already been filed and, therefore, further custodial interrogation of the applicant is not required, as well as the period of incarceration undergone by the applicant since 18.03.2026, this Court is of the opinion that the present is a fit case for grant of bail. So far as the criminal antecedents of the applicant are concerned, out of three antecedents, one case is stated to be pending, whereas in the remaining two cases the applicant has been acquitted. Considering the fact that the conclusion of the trial is likely to take considerable time, without commenting on the merits of the case, the application deserves to be and is accordingly allowed.. 7. Let the Applicant – Tikeshwar Sahu involved in Crime No.- 39/2026 registered at Police Station- Arjuni, District- Dhamtari (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh 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 4 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 his 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 5 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. 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Ruchi