1 CGHC010195142026 2026:CGHC:29636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5556 of 2026 Dev Kumar S/o Tulsiram Aged About 27 Years R/o Kumharpara, Pondi, Tahsil Pali, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Excise Circle, Dipka, District Korba (C.G.) ... Non-Applicant(s) For Applicant : Mr. Vikas Pandey, Advocate. For Non-Applicant : Mr. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 31/2026 registered at Police Station Excise Circle, Dipka, District Korba (C.G.), for the offence punishable under Sections 34(1)(d)(ख), 34(2) & 59(d) of the Chhattisgarh Excise Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 28.04.2026, acting on the basis of secret information received from an informant, the police conducted a search of the applicant and seized 31.200 litres of Mahua liquor, 100 kg of Mahua Lahan and cash amounting to Rs. 50/- from the possession of the applicant. Consequently, the aforesaid offences have been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the liquor has been seized from the an open place not from the possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has no previous criminal antecedents and in the present case, charge-sheet has been filed before the competent Court, the applicant is in jail since 28.04.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Per contra, learned counsel for the State/non-applicant opposes the bail application and fairly admits that the applicant has no previous criminal antecedents and that the charge-sheet has already been filed before the competent Court. She further submits that 31.200 litres of Mahua liquor, 100 kg of Mahua Lahan, and cash amounting to Rs. 50/- were seized from the 3 possession of the applicant, therefore, he is not entitled to the grant of bail. 5. I have heard learned counsel appearing 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 the applicant has no criminal antecedent and he is in jail since 28.04.2026 and the charge-sheet has already been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. Let the applicant – Dev Kumar, involved in Crime No. 31/2026 registered at Police Station Excise Circle, Dipka, District Korba (C.G.), for the offence punishable under Sections 34(1)(d)(ख), 34(2) & 59(d) of the Chhattisgarh Excise Act, 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 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 4 (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 treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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 Kunal