1 CGHC010217422026 2026:CGHC:28686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5064 of 2026 1 - Indra Kumar Dhanwar S/o Dooraj Ram Dhanwar Aged About 31 Years R/o Ward No. 02, Khisora, Police Station - Baloda, District - Janjgir-Champa, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through The District Magistrate Janjgir, District - Janjgir-Champa, Chhattisgarh. ... Respondent(s) For Applicant (s) : Mr. P.M. Shriwas, Advocate For Respondent(s)/State : Ms. Monika Singh Thakur, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 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 applicant, who has RUCHI YADAV Digitally signed by RUCHI YADAV 2 been arrested in connection with Crime No.0223/2026 registered at Police Station- Baloda, District- Janjgir-Champa (C.G.), for the offence punishable under Section 34 (2) of Excise Act. 2. As per the prosecution case, in brief, on 15.05.2026, acting on the basis of information received from an informant, the police officials of Police Station Baloda, District Janjgir-Champa (C.G.), allegedly recovered and seized 15 bulk litres of country-made (Mahua) liquor from the possession of the applicant near Sabarsay Talab, Khamdaipara, Khisora. Thereafter, the applicant was arrested by the concerned police authorities in connection with the alleged offence. 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 contraband liquor was recovered from the conscious and exclusive possession of the applicant, as the alleged liquor was seized from an open place. Learned counsel further submits that the investigation has been completed, the offences are triable by the learned Judicial Magistrate First Class. He next submits that the applicant has been in judicial custody since 15.05.2026. It is also submitted that the conclusion of the trial is likely to take considerable time. Accordingly, the applicant prays for the grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the investigation is still in progress and the charge-sheet has not yet been filed. It is further submitted 3 that the applicant has a criminal antecedent involving an offence under the Excise Act. In view of the nature of the allegations and the applicant's antecedent, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the rival submissions advanced by learned counsel for the parties, the nature of the allegations, the quantity of the alleged contraband, the fact that the offences are triable by the learned Judicial Magistrate First Class, the period of custody undergone by the applicant since 15.05.2026, and without commenting upon the merits of the case, this Court is inclined to extend the benefit of bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant – Indra Kumar Dhanwar, involved in Crime No. 0223/2026 registered at Police Station- Baloda, District- Janjgir- Champa (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, 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 4 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 his, 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. However, this Court hopes and trusts that the trial Court shall 5 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