1 CGHC010235112026 2026:CGHC:32387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5676 of 2026 Babloo S/o Baboolal Pando Aged About 21 Years R/o- Ward No. 01, Chitajhor Pondi, Chirmiri P.S.- Pondi, Distt.- M.C.B. (C.G.) ...Applicant versus State Of Chhattisgarh Through - Excise Sub-Inspector, P.S.- Excise Circle Chirmiri, Distt.- M.C.B. (C.G.) ... Non-applicant For Applicant : Mr. Prashant Kumar, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 13/2026, registered at Police Station – Excise Circle Chirmiri, District- M.C.B. (C.G.) for the offence punishable under Sections 34(1)(a)(b)(f), 34(2) & 59(A) of the C.G. Excise Act. 2. The prosecution case in brief is that, the police of police station- Excise Circle Chirmiri District M.C.B. got a secret information that, the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.29 14:34:41 +0530 2 applicant kept illegal possession of handmade Mahua liquor in his house and after searching the house of applicant on 18/05/2026, 15 bulk liters of handmade Mahua liquor and 60 kilogram of Mahua (Lahan) along with apparatus for making handmade Mahua liquor were seized and thereafter F.I.R. was registered for the offence punishable under sections 34 (1) (a) (b)(f),34 (2), 59 (A) of C.G Excise Act. 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 applicant belongs to the Pando tribe, one of the seven Particularly Vulnerable Tribal Groups (PVTGs) of the State of Chhattisgarh, and earns his livelihood by collecting and selling forest produce as well as by doing manual labour. It is submitted that the applicant occasionally consumes handmade Mahua liquor after work to relieve fatigue and had kept only 02 liters of handmade Mahua liquor at his residence solely for his personal consumption. However, the Excise Police falsely implicated him by alleging that he was involved in the sale of 15 liters of Mahua liquor, whereas only 02 liters of handmade Mahua liquor were seized from his exclusive possession. It is further argued that, in view of the proviso to Section 59A(iii) of the Chhattisgarh Excise Act, 1915, the offence under Sections 34(1)(a) and 34(1)(b) relating to out-still liquor made from Mahua is bailable in the case of a member of a Scheduled Tribe residing in a Scheduled Area, and therefore the applicant is entitled to the benefit of the said provision. Learned counsel further submits that the applicant belongs to a poor family, is the sole earning member, 3 and his aged parents are entirely dependent upon him; due to his incarceration, the family is facing severe financial hardship. It is also submitted that the applicant is a young man aged about 21 years, has no criminal antecedents, and has remained in judicial custody since 18.05.2026. The offence is triable by the Judicial Magistrate First Class, and the conclusion of the trial is likely to take considerable time. It is contended that continued detention would serve no useful purpose and may expose the applicant, a first-time alleged offender, to hardened criminals, thereby adversely affecting his future prospects. Reliance is placed upon the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr., wherein it has been reiterated that bail is the rule and jail is the exception. It is lastly submitted that the applicant is a permanent resident of Ward No. 01, Pondi (Chitajhor), Police Station Pondi, District M.C.B. (C.G.), there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to abide by any condition that may be imposed by this Hon'ble Court while granting him regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent 4 Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 18.05.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Babloo, involved in Crime No. 13/2026, registered at Police Station – Excise Circle Chirmiri, District - M.C.B. (C.G.) for the offence punishable under Sections 34(1)(a)(b)(f), 34(2) & 59(A) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local 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 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 5 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. 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 vaibhav