1 CGHC010220022026 2026:CGHC:32986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5642 of 2026 Raju @ Tulsi Sahu S/o Mehattar Ram Sahu, Aged About 54 Years, R/o Village Bhakhara Guru Ghasidas Ward No. 3, Police Station and Tehsil Bhakhara District – Dhamtari, C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Bhakhara District – Dhamtari, C.G. ... Non-Applicant For Applicant : Mr. Basant Kaiwartya, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.07.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 54/2026 registered at Police Station – Bhakhara, District – Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story and the case diary, it is revealed that on 25.05.2026, during the course of the investigation, the accompanying staff of Police Station Bhakhara received information from an informer that a person was illegally storing liquor for sale near Roshan Rice Mill, Neem Jhad. Acting on the said information, the police cordoned off the area and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.31 11:34:24 +0530 2 conducted a search, during which 30 quarter bottles of country-made plain liquor, each containing 180 ml, totaling 5.400 bulk litres, were recovered from the possession of the accused, who had kept the liquor inside a white-coloured plastic water pouch sack. As the accused failed to produce any valid licence or document authorizing possession of the said liquor, the recovered liquor was seized. Consequently, the present crime was registered against the accused, and the present applicant was arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed and that the applicant has been in judicial custody since 25.05.2026. He further submits that the applicant has two previous criminal antecedents under the Excise Act pertaining to the years 2018 and 2026. In the case of the year 2018, the applicant has already been convicted, whereas the other case is still pending. Learned counsel further submits that the punishment prescribed under Section 34(2) of the Chhattisgarh Excise Act ranges from a minimum of one year to a maximum of three years, and that the conclusion of the trial is likely to take a considerable period of time. In view of the aforesaid facts and circumstances, it is prayed that this Court may be pleased to grant regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She submits that the charge-sheet has already been filed. She further submits that the applicant has two previous criminal antecedents under the Excise Act, out of which one case pertaining to the year 2026 is still pending. Therefore, considering the applicant's criminal antecedents, he is not entitled to the grant of bail. 3 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has been filed, further the applicant has two previous criminal antecedents under the Excise Act pertaining to the years 2018 and 2026, in the case of the year 2018, the applicant has already been convicted, whereas the other case is pending and the applicant has been in custody since 25.05.2026, and that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Raju @ Tulsi Sahu, involved in Crime No. 54/2026 registered at Police Station - Bhakhara District – Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh 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 4 cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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. 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 Preeti