1 CGHC010278572026 2026:CGHC:32018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6676 of 2026 • Ganesh Ram Yadav S/o Late Bhujbal Yadav Aged About 59 Years R/o Baikunthpur Bhujbandhan Talaab, Raigarh Tahsil And District Raigarh, C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- City Kotwali, District- Raigarh, C.G. ... Non-applicant For Applicant : Ms. Minakshi Gupta, Advocate. For State/Non-applicant : Mr. Sourabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.189/2026 registered at Police Station City Kotwali Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of concerned Police Station seized 9.360 bulk liters of country made liquor from the joint possession of the applicant and co-accused, which led to the DEEPTI JHA Digitally signed by DEEPTI JHA 2 registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 9.360 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. She further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. She also submits that the applicant has one criminal antecedent of the year 2026, which is pending consideration. It is further submitted that co-accused has already been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No.3896/2026. Charge sheet has already been filed in the present case and the applicant is in jail since 06.04.2026 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge sheet has been filed in the present case before the competent Court and the applicant has one criminal antecedent of the year 2026 under the Excise Act. He further submits that 9.360 bulk liters of the country made liquor was recovered from the joint possession of the applicant and co-accused, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has one criminal antecedent of the year 2026 of 3 the Excise Act, which is pending. Further, considering the fact that co- accused has already been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No.3896/2026 and the applicant is in jail since 06.04.2026 and the charge-sheet has been filed, the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Ganesh Ram Yadav, involved in Crime No.189/2026 registered at Police Station City Kotwali Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh 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/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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, 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 4 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/her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Deepti Jha