1 CGHC010226602026 2026:CGHC:31259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5514 of 2026 1 - Mohit Yadav S/o - Late Kanthiram Yadav Aged About 35 Years R/o - Ward No. 12 Khisoraroad Akaltara, P.S. - And Tahsil - Akaltara, District - Janjgir-Champa (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through P.S. - Akaltara, District - Janjgir- Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rahul Singh, Advocate For Respondent(s)/State : Ms. Ankita Shukla, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of RUCHI YADAV Digitally signed by RUCHI YADAV 2 regular bail to the applicant, who is in judicial custody in connection with Crime No.289/2026 registered at Police Station- Akaltara, District- Janjgir-Champa (Chhattisgarh), for the offences punishable under Section 34(2) of Excise Act. 2. The prosecution case, in brief, is that on 22.05.2026, acting on credible information, the police intercepted the applicant near Indira Udyan on the Main Road at Akaltara while he was riding a Pulsar motorcycle bearing registration No. CG11BQ8388. Upon search, the applicant was allegedly found in conscious possession of a sack containing 90 sealed bottles of country plain liquor, each containing 180 ml, aggregating to 16.200 litres and valued at ₹7,200/-. Consequently, the concerned crime was registered against the applicant and he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Learned counsel further submits that the applicant has been in judicial custody since 22.05.2026, the charge-sheet has already been filed and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has criminal antecedents and considering the nature and gravity of the offence, is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the quantity of liquor allegedly seized from the possession of the applicant, the fact that the charge-sheet has already been filed, the applicant has been in judicial custody since 22.05.2026, the conclusion of the trial is likely to take considerable time, and without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. Accordingly, the bail application is allowed. 7. Let the Applicant – Mohit Yadav involved in Crime No.- 289/2026 registered at Police Station- Akaltara, District- Janjgir-Champa (Chhattisgarh), for the offences punishable under Section 34(2) of 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 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 4 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. However, this Court hopes and trusts that the trial Court shall 5 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