1 CGHC010224022026 2026:CGHC:37205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5274 of 2026 Devprasad S/o- Tijuram Banjare Aged About 34 Years R/o- Village Semariya, Police Station Kota, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kota, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Shubham Tripathi, Advocate. For Non-applicant/State. : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.08.2026 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. 428/2026 registered at Police Station - Kota, District- Bilaspur (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act, 2015. 2. The case of the prosecution, in brief, is that on the incident date 02/06/2026, on the basis of information received from the informer in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.19 16:44:55 +0530 2 the constable quota, 45 litres in 03 yellow coloured plastic jerrycans of 15 litre capacity and about 02 litres in 01 plastic jerrycan of 05 litre capacity, total 47 litres of raw mahua liquor made in hand furnace, worth Rs. 9400/-were recovered from the possession of the accused in village Semriya and on the accused being found to have committed the crime, a first information report has been registered against him under section 34(2) of the Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to personal grudge and that the allegations levelled against him are false, frivolous and without any prima facie basis. It is submitted that the applicant is a 34-year- old young man, a simple rural person, who has neither manufactured nor sold hand-made mahua liquor, nor was any liquor or other incriminating article seized from his possession. It is further submitted that while the applicant was proceeding towards his work, he was stopped by the police and, following an altercation between the applicant and the police personnel, false seizure documents were prepared and he was implicated in the present case, despite no seizure having been effected from him at the spot. Learned counsel further submits that the applicant has no criminal antecedents and has been in judicial custody since 02.06.2026; the charge-sheet has not yet been filed and the trial is likely to take considerable time to conclude. The applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or fleeing from justice, nor is there any possibility of his influencing or threatening the prosecution witnesses. It is also submitted that the continued incarceration of the applicant is causing 3 serious prejudice to his future and adversely affecting his family. The applicant undertakes to remain present before the Trial Court on each and every date of hearing and to comply with all the conditions that may be imposed by this Court. It is further submitted that this is the first bail application preferred by the applicant under Section 483 of the BNSS and no other bail application of the applicant is pending or has been decided by this Court. Accordingly, learned counsel prays that, considering the period of custody, absence of criminal antecedents, non-seizure of any contraband from the applicant and the likelihood of delay in conclusion of the trial, the applicant may kindly be enlarged on 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, while the applicant has been in custody since 02.06.2026, 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 the Applicant – Devprasad, involved in Crime No. 428/2026 registered at Police Station - Kota, District- Bilaspur (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act, 2015, 4 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 his 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 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav