1 CGHC010213772026 2026:CGHC:32396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5003 of 2026 1 - Dharmendra Gayakwad S/o. Shri Jeewanlal Gayakwad, Aged About 25 Years R/o. Hatkeshwar Sheetlapara, P. S. - City Kotwali Dhamtari, Distt. - Dhamtari (C.G.) ... Applicant(s) versus 1 - The State of Chhattisgarh Through Station House Officer, Police Station- Civil Lines Rudri, Distt. - Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Shrivastava, Advocate For Respondent(s)/State : Ms. Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 21/2026 registered at Police Station Civil Lines Rudri, District - Dhamtari (Chhattisgarh), for the RUCHI YADAV Digitally signed by RUCHI YADAV 2 offences punishable under Section 34(2) of Chhattisgarh Excise Act. 2. The prosecution story in short is that on 09.05.2026 the Police of Police Station Civil Lines Rudri, Distt. Dhamtari (C.G.) received a secret information from the informant with the averment that one person kept the country made liquor near Soram Liquor Shop and selling the same so the police made the search and alleged to have seized 51 quarters of country made plane liquor which is about 09.180 Bulk Liter, thereof the notice under section 94 of BNSS is given to produce the valid documents but applicant failed to produce any documents therefore Police arrested him for the alleged commission of offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the prosecution has failed to collect any direct or circumstantial evidence establishing the involvement of the applicant in the alleged offence. It is further submitted that, although the applicant has two previous criminal antecedents registered under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Indian Penal Code, 1860 (IPC), no case under the Chhattisgarh Excise Act has ever been registered or is pending against him and the status report relating to his criminal antecedents has already placed on record. The applicant has been in judicial custody since 09.05.2026. It is also submitted that the offence alleged against the applicant is triable by the learned 3 Judicial Magistrate First Class (JMFC), and, therefore, the trial is likely to take considerable time to conclude. On these grounds, it is prayed that the applicant be enlarged on bail. 4. Per contra, learned State counsel opposes the bail application and submits that the applicant has two criminal antecedents and the status report relating thereto has been placed on record. It is further submitted that considering the nature and gravity of the allegations, no case for grant of bail is made out. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, the nature of the allegations, the period of custody of the applicant since 09.05.2026, the fact that the applicant has two criminal antecedents under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Indian Penal Code, 1860 (IPC), but no criminal antecedent under the Chhattisgarh Excise Act, the status report relating to his criminal antecedents having already been placed on record, and further considering that the offence alleged is triable by the learned Judicial Magistrate First Class (JMFC) and the trial is likely to take considerable time to conclude, this Court is of the opinion that the applicant has made out a case for grant of bail. Accordingly, without commenting upon the merits of the case, the present application deserves to be and is hereby allowed. 4 7. Let the Applicant – Dharmendra Gayakwad involved in Crime No.- 21/2026 registered at Police Station Civil Lines Rudri, District - Dhamtari (Chhattisgarh), for the offences punishable under Section 34(2) of 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 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 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 5 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 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