1 CGHC010251562026 2026:CGHC:30761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5905 of 2026 1 - Amit Bhadoriya S/o Late Krishna Kuamr Bhadoriya Aged About 34 Years R/o Village Kukanar, P.S. Kukanar, District Sukma Chhattisgarh 2 - Rishabh Rathore S/o Pawan Singh Rathore Aged About 20 Years R/o Village Hitawar, P.S. Kuakonda, District Dakshin Bastar Dantewada Chhattisgarh ... Applicants versus State Of Chhattisgarh Through S H O P.S. Kirandul, District Dakshin Bastar Dantewada Chhattisgarh ...Non-applicant For Applicants : Mr. Rajesh Kumar Jha, Advocate. For Non-applicant/State : Ms. Ritika Verma, learned 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 applicants who have been arrested in connection with Crime No. 34/2026 registered at Police Station – Kirandul District - Dantewada (C.G.), for the offences punishable under Section 34(2) of the C.G. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.21 11:18:43 +0530 2 Excise Act. 2. According to the prosecution, on 15.05.2026, Sub-Inspector Leela Ram Gangber, while posted at Police Station Kirandul, District Dantewada, received confidential information from an informant that a white Mahindra Marazzo bearing Registration No. CG-10-AT-2244 was proceeding towards Patwaripara, Kirandul, carrying a large quantity of liquor illegally. Acting upon the said information, the police party proceeded to the spot and intercepted the vehicle near the Electricity Office, Patwaripara, Kirandul. Upon inquiry, the occupants of the vehicle disclosed their identities as Amit Bhadoriya, S/o Late Krishna Kumar Bhadoriya, aged about 34 years, resident of Kukanar, District Sukma, and Rishabh Rathore, S/o Pawan Singh Rathore, aged about 20 years, resident of Village Hitawar, Police Station Kuakonda, District Dantewada. During the search of the vehicle, the police allegedly recovered 25 cases of SIMBA Beer containing 300 bottles of 650 ml each (195 litres), 1 case of PARTY SPECIAL BLU containing 24 bottles of 375 ml each (9 litres), and 2 cases of CONTINENTAL PURE MALT WHISKY containing 96 bottles of 180 ml each (17.28 litres), totaling 221.28 litres of liquor, valued at approximately Rs.92,040. As the applicants allegedly failed to produce any valid licence or permit for transportation or possession of the said liquor, the seized liquor and the vehicle were taken into custody. On the basis of the alleged recovery, FIR No. 34/2026 was registered at Police Station Kirandul, District Dantewada, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicants submits that the applicants are 3 innocent and have been falsely implicated in the present case. It is contended that the applicants were arrested solely on the basis of the alleged recovery from the vehicle and that the prosecution case rests entirely upon documentary and seizure evidence, all of which is already in the custody of the investigating agency. The entire alleged contraband liquor as well as the vehicle purportedly used in the commission of the offence have already been seized, and therefore no further custodial interrogation of the applicants is required, nor is there any possibility of their tampering with the alleged case property. Learned counsel further submits that the applicants have no criminal antecedents and are not habitual offenders, and there is nothing on record to indicate their involvement in any offence under the Chhattisgarh Excise Act or any other similar offence. It is further submitted that the applicants have been falsely implicated and that the prosecution case is based on false, fabricated, and concocted allegations. Learned counsel also submits that there is no independent eyewitness to the alleged transportation of liquor and the prosecution case is based solely on the version of the police officials. The seizure witnesses are merely stock or pocket witnesses of the police, and their testimony cannot be treated as independent or wholly reliable. It is further argued that the trial is likely to take considerable time to conclude and the continued incarceration of the applicants would amount to pre-trial punishment, contrary to the settled principles of criminal jurisprudence. Learned counsel submits that the applicants are persons of good reputation in society and that continued detention would cause irreparable prejudice to their social standing. It is further submitted that Applicant No. 2 is a student, and his prolonged 4 incarceration is likely to seriously affect his education and future career. The applicants are permanent residents of the addresses mentioned in the cause title, there is no likelihood of their absconding or influencing the prosecution witnesses, and they undertake to cooperate with the trial, abide by all the conditions that may be imposed by this Hon'ble Court, and furnish adequate bail bonds and sureties to the satisfaction of the trial Court. Accordingly, it is prayed that the applicants be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that, although Applicant No. 1 has no criminal antecedents, Applicant No. 2 has one criminal antecedent. It is, therefore, contended that in view of the criminal antecedent of Applicant No. 2 and the nature of the allegations, he is not entitled to the grant of regular bail. 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 offence alleged against the applicants, and further taking into account the period of detention, as the applicants have remained in jail since 15.05.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicants. 7. Let the Applicants – Amit Bhadoriya & Rishabh Rathore involved in Crime No. 34/2026 registered at Police Station – Kirandul District - Dantewada (C.G.), for the offences punishable under Section 34(2) of 5 the C.G. Excise Act, be released on bail on his 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 she 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 her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her 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 Vaibhav