1 CGHC010222802026 2026:CGHC:30985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5400 of 2026 Shravan Kumar Devar S/o Faguram Aged About 37 Years R/o Village Karmada, Police Station Balodabazar, District Balodabazar-Bhatapara Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Of Police Station City Kotwali Balodabazar, District Balodabazar-Bhatapara Chhattisgarh ...Non-applicant For Applicant : Ms. Gunja Taram, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 21.07.2026 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. 359/2026 registered at Police Station – City Kotwali Balodabazar, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 34(2) of the Excise Act. 2. The prosecution case, in brief, is that on 02-05-2026, a secrete VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.22 11:06:20 +0530 2 information received by the concerned Police Station and on the basis of such information, raid was conducted and total 10.440 bulk liter country made Mahuva liquor was seized from the possession of present applicant and subsequently the applicant has been arrested by the police for the commission of alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has not committed the alleged offences nor acted in the manner attributed to him by the prosecution. It is further submitted that the alleged seizure memo has been falsely prepared by the investigating agency with a view to falsely implicate the applicant, and the applicant is confident that he will ultimately be acquitted after trial. The applicant has been in judicial custody since 02.05.2026, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has 11 previous criminal antecedent, therefore, 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 applicant, and further taking into account the period of detention, as the applicant has remained in jail since 02.05.2026, 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 3 regular bail to the applicant. 7. Let the Applicant – Shravan Kumar Devar, involved in Crime No. 359/2026 registered at Police Station – City Kotwali Balodabazar, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 34(2) of the 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