1 CGHC010281032026 2026:CGHC:37641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6593 of 2026 Aakash Besra Son Of Trinath, Aged About 27 Years Resident Of Gokul Nagar, Gali No. 04, Odiya Basti, P. S. Gudhiyari, District Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Ganj, Raipur District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Rustam Sahu, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2026 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. 195/2026 registered at Police Station – Ganj, Raipur District Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution in brief, is that on the date of incident, police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.22 11:27:05 +0530 2 has received information by informant during patrolling that unknown person has kept illegal liquor in his possession to sell and police has seized 28.800 bulk liter contrary made and foreign liquor from place of incident at open place and police has registered a case for offence punishable under section 34 (2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no nexus with the incident alleged by the prosecution; that no illicit liquor or any other incriminating article has been seized from the possession of the applicant, as the alleged illicit liquor was seized from an open and commonly accessible place used by the general public, and the applicant had no knowledge or concern regarding the same; that the police have not conducted a proper enquiry or established any exclusive possession of the applicant over the seized liquor, and therefore, the applicant, being innocent, has been falsely implicated in the present case; and that the applicant is in jail since 25.06.2026, therefore, learned counsel for the applicant prays for grant of 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 already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the fact that the present applicant has no criminal antecedents, and that the charge-sheet has already been filed before the competent Court, 3 while the applicant has been in custody since 19.06.2026, and 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. Accordingly, the bail application is allowed. 7. Let applicant, Aakash Besra, involved in Crime No. 195/2026 registered at Police Station – Ganj, Raipur District Raipur (C.G.) for the offence punishable under Section 34(2) 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 of the case, (ii) framing of charge and (iii) recording of 4 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