1 CGHC010254552026 2026:CGHC:29346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6224 of 2026 Rajendra Nag S/o Nihal Nag Aged About 21 Years R/o Patel Para, Udiyalpal, Police Station Bakawand, Distt. Bastar, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Bandanji, Distt. Bastar, Chhattisgarh. ... Non-applicant _____________________________________________________ For Applicant :Mr. Ramsajiwan, Advocate. For Non-applicant/State :Mr. Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.37/2025 registered at Police Station – Bandanji, District Bastar (C.G.), for the offences under Sections 34(2), 36 and 41 of Excise Act as also under Section 130(3)/177 of MV Act. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.14 10:49:06 +0530 2 2. As per the prosecution case, the Applicant and the accused persons were found transporting liquor illegally in a pickup vehicle bearing registration No.CG-17-LA-9565. During the search, 100 cartons containing 5000 pouches (900 bulk litres) of Madhya Pradesh manufactured English liquor (Goa Whisky) were seized from the said vehicle. Based on these allegations, the aforesaid offences have been registered against the present Applicant. Hence this application. 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 the Applicant is in custody since 16.04.2026 and his name has surfaced only on the memorandum statement of the co-accused. He further submits that one of the co-accused namely Dashrath Meena has been granted anticipatory bail by the Hon'ble Supreme Court in SLP (Criminal) No.1300/2026 vide order dated 12.03.2026, whereby the interim protection granted earlier was made absolute. It is further submitted that another co- accused has also been acquitted by the learned trial Court vide judgment dated 30.03.2026. It is lastly submitted that conclusion of trial is likely to take considerable time, therefore, the present Applicant may be granted bail. 4. On the other hand, learned Counsel for the State opposes the 3 bail application and submits that there were total 4 accused person and three were absconding initially. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case dairy, the nature of allegations, the name of the present Applicant has surfaced only on the memorandum statement of the co- accused, the fact that co-accused Dashrath Meena has been granted anticipatory bail by the Hon'ble Supreme Court in SLP (Criminal) No.1300/2026 and another co-accused has been acquitted by the learned trial Court, the period of custody of the Applicant since 16.04.2026 and the fact that the trial is likely to take considerable time for its conclusion, without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Rajendra Nag involved in Crime No.37/2025 registered at Police Station – Bandanji, District Bastar (C.G.), for the offences under Sections 34(2), 36 and 41 of Excise Act as also under Section 130(3)/177 of MV 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 4 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya