1 CGHC010221552026 2026:CGHC:32674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5737 of 2026 1 - Damodar Chouhan S/o Baisakhu Ram Chouhan Aged About 62 Years R/o Village Charbhantha, P.S. Bhupdevpur District Raigarh Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station - Bhupdevpur, District Raigarh Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Manoj Kumar Jaiswal, Advocate For Respondent(s)/State : Ms. Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of RUCHI YADAV Digitally signed by RUCHI YADAV 2 regular bail to the applicant, who is in judicial custody in connection with Crime No. 84/2026 registered at Police Station Bhupdevpur, District Raigarh (Chhattisgarh), for the offences punishable under Sections 34(2) and 59-A of the Chhattisgarh Excise Act. 2. As per the prosecution case, in brief, on 20.05.2026, acting on a secret information, the police conducted a raid at the house of the applicant and allegedly seized 15.155 bulk litres of foreign liquor from his possession. Consequently, offence was registered against the applicant and he was arrested on the same day, i.e., 20.05.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has no nexus with the alleged offence and has not committed any offence as alleged by the prosecution. It is further submitted that the applicant has been in judicial custody since 20.05.2026 and the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that the applicant has one criminal antecedent registered under the provisions of the Chhattisgarh Excise Act. Therefore, considering the criminal antecedent of the applicant 3 and the nature of the allegations, the applicant is not entitled to the benefit of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the nature and circumstances of the case, the allegations levelled against the applicant, the quantity of liquor alleged to have been seized, the period of custody of the applicant since 20.05.2026 and the likelihood of the trial taking considerable time, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Considering the overall facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. Let the Applicant – Damodar Chouhan involved in Crime No.- 84/2026 registered at Police Station Bhupdevpur, District Raigarh (Chhattisgarh), for the offences 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 shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In 4 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. If in the opinion of the trial court absence of the applicant is 5 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