1 CGHC010287952026 2026:CGHC:32315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6757 of 2026 Chumman Sinha S/o Shri Heman Lal Sinha Aged About 22 Years R/o Village Ruvatala, Police Station Mohara, Distt. Rajnandgaon Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Chowki Mohara, Police Station Dongargarh District Rajnandgaon Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Keshav Dewangan, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lasyer. 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 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 238/2026 registered at Police Station Chowki Mohara, Police Station Dongargarh District Rajnandgaon AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 (C.G.), for the offence punishable under Sections 34(2), 36 of the C.G. Excise Act and Section 111 of BNS. 2. Case of the prosecution, in brief, is that on 07.05.2026, Sub- Inspector Mahendra Kumar Yadav, posted at Police Chowki Mohara, received a secret information that one Nand Kishore Verma @ Neetu @ Chhote Katti was illegally possessing a quantity of illicit liquor near Kotri Chhapar Road, close to Mudiya Nala in Village Mohara, and was attempting to sell the same. Acting upon the said information, the police party proceeded to the indicated spot, where they found 8–10 cartons of illicit liquor. During the course of the raid, one of the co-accused persons managed to flee from the spot, whereas the present applicant and the other co-accused were apprehended by the police. Upon measurement, the total quantity of seized liquor was found to be 81 bulk litres. After completion of the investigation, the police filed the charge-sheet before the competent Magistrate against the present applicant and the co-accused for offences punishable under Sections 34(2) and 36 of the Excise Act and Section 111 of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that two of the identically situated co-accused, namely, Mahendra Kumar Verma and Devvrat Verma have already been granted bail by this Court vide orders dated 3 10.07.2026 in MCRC Nos.5275 of 2026 and 5567 of 2026, further the applicant is in jail since 07.05.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he 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 and the applicant has no criminal antecedent. She further submits the applicant was found in conscious and joint possession of 81 bulk litres of illicit liquor along with the co- accused persons near Kotri Chhapar Road, close to Mudiya Nala, Village Mohara, for the purpose of illegal sale, but could not dispute the fact that two of the co-accused persons, namely, Mahendra Kumar Verma and Devvrat Verma have already been granted bail by this Court. 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, the fact that the applicant has no criminal antecedent and two of the co-accused persons, namely, Mahendra Kumar Verma and Devvrat Verma have already been granted bail by this Court vide orders dated 10.07.2026 in MCRC Nos.5275 of 2026 and 5567 of 2026 and the case of present applicant is identical to that of the said co-accused persons, further the applicant is in jail since 4 07.05.2026 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 application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the applicant - Chumman Sinha, involved in Crime No. 238/2026 registered at Police Station Chowki Mohara, Police Station Dongargarh District Rajnandgaon (C.G.), for the offence punishable under Sections 34(2), 36 of the C.G. Excise Act and Section 111 of BNS, be released on bail on his furnishing a 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 5 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. 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 Akhil