1 CGHC010214042026 2026:CGHC:29201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5566 of 2026 1 - Nikhil Kanwar Son of Santosh Kanwar Aged About 22 Years Resident of Village Naktikhar, Korba, Tahsil And District Korba (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police of Police Station Civil Line Rampur, District Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Bhoi, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 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. 350/2026 registered at Police Station- Civil Line Rampur, RUCHI YADAV Digitally signed by RUCHI YADAV 2 District- Korba (C.G.) for the offence punishable under Section 34 (2) of Excise Act. 2. The prosecution case, in a nutshell, is that on 23.04.2026, acting upon credible secret information, the police conducted a raid and intercepted the applicant. It is alleged that 41 bulk litres of country- made Mahua liquor were recovered and seized from the conscious possession of the applicant. Pursuant to the said recovery, the present FIR was registered, and the applicant was arrested for the offence alleged against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has no criminal antecedents. Learned counsel submits that the applicant has been in judicial custody since 23.04.2026. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that 41 bulk litres of country-made Mahua liquor were recovered and seized from the conscious possession of the applicant. It is contended that, having regard to the quantity of liquor recovered and the nature and gravity of the offence alleged, the applicant does not deserve to be enlarged on regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the totality of the facts and circumstances of the case, particularly the fact that the applicant has no criminal antecedents, has remained in judicial custody since 23.04.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that further pre-trial detention of the applicant is not warranted. Accordingly, without expressing any opinion on the merits of the case, the present bail application deserves to be and is hereby allowed. 7. Let the Applicant – Nikhil Kanwar involved in Crime No.- 350/2026 registered at Police Station- Civil Line Rampur, District- Korba (C.G.) for the offence punishable under Section 34 (2) of 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 4 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 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 5 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