1 CGHC010230572026 2026:CGHC:34258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5803 of 2026 Mrityunjay Kumar Jaiswal S/o Deep Kumar Jaiswal Aged About 29 Years R/o Village Kotaal Pokhar, Distt. Sahebganj Jharkhand. ... Applicant versus State of Chhattisgarh Through Police Station Raghunath Nagar, District Balrampur-Ramanujganj Chhattisgarh. ... Non-applicant For Applicant : Ms. Astha Shukla, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.08.2026 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. 38/2026, registered at Police Station - Raghunath Nagar, District - Balrampur-Ramanujganj, (C.G.) for the o7ence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 22.04.2026, during the course of investigation, acting upon information received from a reliable informer, the police intercepted an abandoned Bolero RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 vehicle bearing Registration No. CG 15 A 6984 and recovered 209.640 liters of English liquor from its possession. Consequently, an FIR was registered against the unknown driver of the said vehicle. During the course of investigation, on the basis of the memorandum statement of the co-accused/driver of the vehicle and other material collected by the investigating agency, the present applicant came to be implicated in the alleged o7ence and was arrested on 05.06.2026. The investigation is still in progress. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is merely working as the Manager of a retail liquor shop and is neither the owner of the said shop nor has any concern with the alleged transportation of the liquor. It is further submitted that the alleged 209.640 liters of English liquor was not seized from the possession or conscious custody of the applicant but was recovered from an abandoned Bolero vehicle bearing Registration No. CG 15 A 6984. It is also submitted that the applicant has not been named in the FIR and has been implicated subsequently during the course of investigation without there being any direct evidence connecting him with the alleged o7ence. She submits that the present applicant has no criminal antecedents. She further submits that similarly situated co-accused person, namely, Indrajit Kumar Kenwat has already been granted bail by this Court in MCRC No. 7699/2025 vide order dated 17.10.2025 and the case of the present applicant is identical to that of the co-accused and another co-accused, namely, Sumit Panika, in which the said liquor 3 was seized has already been granted bail in MCRC No. 414/2026 vide order dated 27.01.2026. She also submits that the charge- sheet has been @led before the competent Court, and the applicant is in jail since 05.06.2026 and the trial is likely to take some time for its conclusion, therefore, she prays grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute the fact that co- accused has already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 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 present applicant has no criminal antecedents, further considering the fact that similarly situated co-accused person namely, Indrajit Kumar Kenwat has already been granted bail by this Court in MCRC No. 7699/2025 vide order dated 17.10.2025 and the case of the present applicant is identical to that of the co-accused and another co-accused, namely, Sumit Panika, in which the said liquor was seized has already been granted bail in MCRC No. 414/2026 vide order dated 27.01.2026, further the charge-sheet has been @led before the competent Court and he is in jail since 05.06.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant on the ground of parity. 4 7. Accordingly, the bail application of the applicant is allowed. Let the applicant, Mrityunjay Kumar Jaiswal, involved in Crime No. 38/2026, registered at Police Station - Raghunath Nagar, District - Balrampur-Ramanujganj, (C.G.) for the o7ence 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 @le an undertaking to the e7ect that he shall not seek any adjournment on the dates @xed 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 @xed, either personally or through his counsel. In case of his absence, without suCcient 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 @xed in such proclamation, then, the trial court shall initiate proceedings against him, in 5 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 @xed 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 suCcient 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. OCce is directed to provide a certi@ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan