1 2026:CGHC:7650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 625 of 2026 Vijay Kashyap S/o Manharan Kashyap Aged About 50 Years R/o Village Kosla P/s Pamgarh Distt. Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Excise Circle Pamgarh, District- Janjgir Champa (C.G.) ... Non-applicant For Applicant : Mr. Rohan, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 159/2025, registered at Police Station Excise Circle Pamgarh, District – Janjgir - Champa (C.G.) for the o?ence punishable under Section 34(2) of the C.G. Excise Act. 2. The brief facts of the case are that on 22.11.2025, during patrolling, the Excise Sub-Inspector, Pamgarh, received secret information. On the basis of the said information and due to urgency, a search was conducted at the residential house of the applicant/accused, Vijay ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.12 15:22:12 +0530 2 Kashyap, without obtaining a search warrant. Upon conducting the search, 08 litres of illicit country-made liquor were allegedly seized. Consequently, the applicant was arrested for the o?ence 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. He further submits that the applicant has eight criminal antecedents, out of which seven cases are under the Excise Act and one case is under the IPC, and all the said cases have already been disposed of. It is also submitted that under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in custody since 22.11.2025, and the trial is likely to take considerable time to conclude. Therefore, a prayer is made for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been Eled before the competent Court. She further submits that the present applicant has 07 criminal antecedents under the Excise Act, which shows that the applicant is a habitual o?ender, therefore, he is not entitled for grant of regular bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has 08 criminal antecedents, out of which 07 cases are under the Excise Act and 01 case is under the IPC, and all the said cases have already been disposed of and also considering the fact that the charge-sheet has been Eled and he is in jail since 22.11.2025, conclusion 3 of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Vijay Kashyap, involved in Crime No. 159/2025, registered at Police Station Excise Circle Pamgarh, District – Janjgir - Champa (C.G.) for the o?ence punishable under Section 34(2) of the C.G. 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 Ele an undertaking to the e?ect that he shall not seek any adjournment on the dates Exed 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 Exed, either personally or through his counsel. In case of his absence, without suFcient 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 Exed 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 Exed for (i) opening of the case, 4 (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 suFcient 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. OFce is directed to provide a certiEed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek