1 CGHC010210212026 2026:CGHC:28989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4950 of 2026 Barelal Sinha S/o Ramprasad Aged About 57 Years Caste - Kalar R/o Village- Chiddo Ward No.12, Police Station Dongargarh District- Rajnandgaon (C.G.) ... Applicant versus The State of Chhattisgarh Through - The Station House Officer, Police Station Dongargarh District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Punit Ruparel, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 182/2026, registered at Police Station - Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station Dongargarh received secret information from an informant that the applicant was serving liquor at his hotel. Acting upon the said information, the police conducted a raid on the kitchen of the hotel and allegedly seized 5.120 bulk litres of country-made liquor on 15.04.2026. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.13 11:47:21 +0530 2 On the same day, the applicant was arrested and sent to judicial custody. After due investigation, the police filed the charge-sheet before the competent Court on 27.04.2026. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that though the applicant has 05 criminal antecedents under the Excise Act, he has already been acquitted in all those cases, as explained in Paragraph 4(a) of the present bail application. He further submits that under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in judicial custody since 15.04.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been submitted before the competent Court in the present case . 5. I have heard learned counsel for the parties and perused the case-diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the applicant has 05 criminal antecedents under the Excise Act, he has already been acquitted in all those cases, as explained in Paragraph 4(a) of the present bail application and also considering the fact that the charge-sheet has been filed and the applicant has been in jail since 15.04.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Barelal Sinha, involved in Crime No. 182/2026, registered at Police Station - Dongargarh, District – Rajnandgaon (C.G.) for the 3 offence punishable under Section 34(2) of the C.G. 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 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 4 treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek