1 CGHC010271592026 2026:CGHC:32310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6769 of 2026 Lucky Deep S/o Shambhu Deep Aged About 19 Years R/o R.V.H. Colony, Police Station Khamtarai, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Khamtarai, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudeep Verma, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. 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. 423/2026 registered at Police Station Khamtarai, District- Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 25.05.2026, while the Sub-Inspector of Police Station Khamtarai was on patrol duty along with the police staff, he received secret information that the present applicant was illegally selling country-made liquor in large quantities outside his house. Acting upon the said information, the police party, along with independent witnesses, proceeded to the indicated spot and laid a cordon near House No. 342, Jagriti Nagar, RVH Colony. On noticing the police, the applicant allegedly attempted to flee but was apprehended. Upon search, 85 quarter bottles of country-made liquor, each containing 180 ml, totalling 15.300 bulk litres and valued at Rs.8,500, along with Rs.300 allegedly being the sale proceeds of the liquor, were recovered and seized from his possession. The applicant was served with a notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring him to produce a valid licence or permit for possession of the liquor, however, he failed to produce any such document. Thereafter, the police registered the present crime and, upon completion of the investigation, filed the charge- sheet before the competent Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 15.300 bulk litres of illicit liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has 3 four criminal antecedents of the year 2025, 2024 and 2022 under the Arms Act and IPC/BNS, the applicant is in jail since 25.05.2026 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 four criminal antecedents of the year 2025, 2024 and 2022 under the Arms Act and IPC/BNS. She further submits that 15.300 bulk litres of illicit liquor was recovered from the possession of the applicant, 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 four criminal antecedents of the year 2025, 2024 and 2022 under the Arms Act and IPC/BNS, the applicant has no criminal antecedent under the Excise Act and the NDPS Act, he is in jail since 25.05.2026 and the charge-sheet has been filed, further 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. 4 8. Let the applicant - Lucky Deep, involved in Crime No. 423/2026 registered at Police Station Khamtarai, District- Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, 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 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. 5 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