1 CGHC010162932026 2026:CGHC:29718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4013 of 2026 1 - Tiran Yadav S/o Shobharam Yadav Aged About 40 Years R/o Village Dharanidhoda, Thana- Deobhog District Gariyaband C.G. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer Police Station Deobhog, District Gariyaband C.G. ... Respondent(s) For Applicant(s) : Ms. Santoshi Yadav, Advocate For Respondent(s)/State : Mr. Shubham Bajpai, P.L. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 113/2026 registered at Police Station- Deobhog, District- RUCHI YADAV Digitally signed by RUCHI YADAV 2 Gariyaband (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 2. As per the prosecution story, in brief, on 06.04.2026, acting on information received from a reliable informant, the police conducted a search and allegedly recovered and seized 30 bulk litres of Mahua liquor (Double Lal Ghoda), which was allegedly in the conscious possession of the applicant and intended for illegal sale. On the basis of the said recovery, the police registered the offence against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, having no nexus with the alleged incident. It is contended that the alleged country-made liquor was recovered from an open place and not from the exclusive or conscious possession of the applicant. It is further submitted that the applicant has been in judicial custody since 06.04.2026, the investigation has been completed, but the charge-sheet has not yet been filed. Learned counsel further submits that applicant has no criminal antecedents. It is, therefore, prayed that considering the facts and circumstances of the case, the period of incarceration undergone by the applicant and the fact that the trial is likely to take considerable time to conclude, the applicant be enlarged on bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that, considering the nature and gravity of the allegations and the material collected during the course of investigation, the 3 applicant is not entitled to the benefit of bail. It is, however, fairly submitted that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having regard to the facts and circumstances of the case, particularly the nature of the allegations, the fact that the alleged country-made liquor is stated to have been recovered from an open place and not from the exclusive or conscious possession of the applicant, the fact that the applicant has no criminal antecedents, has remained in judicial custody since 06.04.2026, the investigation has been completed, and the charge-sheet has not yet been filed, this Court is of the considered opinion that further custodial detention of the applicant is not warranted. Without expressing any opinion on 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 – Tiran Yadav involved in Crime No.- 113/2026 registered at Police Station- Deobhog, District- Gariyaband (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh 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 4 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 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 5 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 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