1 CGHC010275012026 2026:CGHC:31747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6712 of 2026 Narayan Prasad Gaikwad S/o Late Sukaluram Gaikwad, Aged About 40 Years R/o Village Kolihapuri, Tehsil And District Durg (C.G.)............ (Details Of Applicant Properly Not Mentioned In Impugned Order Sheet) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station - Excise Circle - 01 Bhilai, District Durg (C.G.) ......... ( Details Of Non-Applicant Properly Not Mentioned In Impugned Order Sheet) ... Non-Applicant For Applicant : Shri Aman Tamrakar, Advocate. For Non-applicant : Miss Monika Thakur, PL. Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 24/07/2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.41/2026, registered at Police Station – Excise Circle -01 Bhilai, District – Durg (C.G.) for the offence punishable under Section 34 (2) of the Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.24 19:29:44 +0530 2 2. As per the prosecution case, on 3.5.2026, the concerned Police has received secret information that the applicant is illegally storing and selling a large quantity of liquor and thereafter the police has conducted a raid and recovered 10.80 bulk liters of country made liquor. Thereafter the FIR was registered against the applicant. Hence the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and nothing has been seized from possession of the present applicant and the offence is triable by the Magistrate. The applicant has 2 criminal antecedents under the IPC and the Motor Vehicles Act, out of which one case is pending against him. He is in jail since 3.5.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned State Counsel would oppose the bail application and submit that applicant has 2 criminal antecedents under the IPC and the Motor Vehicles Act, out of which one case is pending against him and the charge sheet has already been submitted against the applicant. 5. Considering the submissions of learned counsel for the parties and the fact that charge sheet has already been submitted against the applicant, the offence is triable by the Magistrate, the applicant has 2 criminal antecedents under the IPC and the Motor Vehicles Act, out of which one case is pending against him and he is in jail since 3.5.2026, this Court is of the opinion that it is a fit 3 case to enlarge the applicant on bail. Accordingly, the bail application of the applicant is allowed. 6. Let applicant, Narayan Prasad Gaikwad, involved in Crime No.41/2026, registered at Police Station – Excise Circle -01 Bhilai, District – Durg (C.G.) for the offence punishable under Section 34 (2) of the Excise Act, be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya 4 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. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ravindra Kumar Agrawal) Judge Barve