1 CGHC010232402026 2026:CGHC:31511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5745 of 2026 1 - Mitesh Dongri S/o Ramlal Dongri Aged About 27 Years R/o Ward No. 11 Bazarpara- Thana And Tehsil- Saraipali, District- Mahasamund (C.G.) 2 - Ramlal Dongri S/o Damru Dongri Aged About 51 Years R/o Ward No. 11 Bazarpara- Thana And Tehsil- Saraipali, District- Mahasamund (C.G.) ... Applicant(s) versus 1 - The State of Chhattisgarh Through Station House Officer Thana Saraipali, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Shrivastava, Advocate For Respondent(s)/State : Ms Ankita Shukla P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/07/2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who are in judicial custody in connection with Crime No. 169/2026 registered at Police Station Saraipali, District Mahasamund (Chhattisgarh), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution case, in brief, is that on the basis of secret information, the police of Police Station Saraipali, District Mahasamund, apprehended the present applicants near the agricultural fields of Bazarpara. During the search, the applicants were allegedly found to be in conscious possession of 20 bulk litres of illicit country-made liquor. Consequently, an offence was registered against the applicants, and they were taken into custody. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed, the applicants have no criminal antecedents and they have been in judicial custody since 15.05.2026. It is also submitted that the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicants be enlarged on regular bail. 3 4. On the other hand, learned State counsel opposes the bail application. However, she fairly submits that the applicants have no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into account the facts and circumstances of the case, particularly that the applicants have no criminal antecedents, the charge-sheet has already been filed, the applicants have remained in judicial custody since 15.05.2026 and the conclusion of the trial is likely to take considerable time, this Court is inclined to extend the benefit of regular bail to the applicants. Accordingly, without commenting on the merits of the case, the bail application is allowed. 7. Let the applicants, namely Mitesh Dongri and Ramlal Dongri, involved in Crime No.169/2026 registered at Police Station Saraipali, District Mahasamund (Chhattisgarh), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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, 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 5 default as abuse of liberty of bail and proceed against them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi