1 CGHC010232502026 2026:CGHC:30762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5711 of 2026 Deepak Yadav S/o Shri Nand Lal Yadav Aged About 21 Years R/o- Village- Tilga, Police Station- Chakradhar Nagar, Tahsil And District- Raigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through S.H.O. Of The Police Station- Chakradhar Nagar, Tahsil And District - Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 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. 262/2026, registered at Police Station – Chakradhar Nagar, Tahsil & District- Raigarh (C.G.) for the offence punishable under Sections 34(2) & 59(A) of the C.G. Excise Act. 2. The case of prosecution in short is that, based on informant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.21 11:18:42 +0530 2 information, on May 24, 2026, the present applicant was found to be involved in the storage of a total of 30 liters of country liquor. This liquor was seized from the applicant's possession, and the case was taken up for investigation. Therefore, on that basis, the applicant was arrested on May 24, 2026, for two offenses punishable under sections 34(2) and 59(A) of the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no connection whatsoever with the alleged offence. It is contended that the prosecution has failed to produce any direct or cogent evidence linking the applicant with the contraband allegedly seized. Merely because the contraband was found at a place stated to be near the applicant does not establish his conscious possession or exclusive ownership thereof. It is submitted that the applicant is unaware of how the contraband came to be found at the said place, and his implication in the case is wholly baseless. Learned counsel further submits that no material has been collected during the investigation to show that the seized contraband belonged exclusively to or was in the conscious possession of the applicant. It is also submitted that the applicant has no criminal antecedents and this is his first offence. The applicant is a poor villager, the sole breadwinner of his family, and belongs to a respectable family of Village Tilga, Police Station Chakradhar Nagar, Tahsil and District Raigarh (C.G.). The applicant has been in judicial custody since 22.05.2026, therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 25.05.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Deepak Yadav, involved in Crime No. 262/2026, registered at Police Station – Chakradhar Nagar, Tahsil & District- Raigarh (C.G.) for the offence punishable under Sections 34(2) & 59(A) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav