1 CGHC010300662026 2026:CGHC:34563 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7211 of 2026 Sundarlal @ Golu S/o Bodhram Maitry Aged About 31 Years Village Kankabira, Chouki Kankabira, P.S. Sarangarh, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Of Police Chowki Kankabira, P.S. Sarangarh, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Non-Applicant For Applicant : Shri Vikram Pratap, Advocate. For Non-Applicant : Miss Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/08/2026 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.236/2026 registered at Police Station Chowki Kankabira, PS Sarangarh District Sarangarh-Bilaigarh C.G.) for the offence under Section 34 (2) & 59 (A) of the Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.07 18:02:59 +0530 2 2. The prosecution case, in brief, is that on 20- 05-2026, secrete information was received by the concerned Police Station and on the basis of such information, a raid was conducted and total 200 bulk liter country made Mahuva liquor (worth Rs.40,000/-) was seized from the present applicant and subsequently the applicant has been absconded as per the prosecution and later on the applicant has been arrested. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. A false seizure memo has been prepared by the police in order to rope the applicant in a false criminal case and the applicant is hopeful regarding this fact that he would be acquitted. The applicant is in jail since 21-05-2026 and charge sheet has already been filed and it will take sufficient time for the trial to be concluded. The applicant has 3 criminal antecedents under the IPC and Excise Act, and all cases are pending. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has 3 criminal antecedents; one case under the Excise Act and 2 cases under the IPC and all cases are pending, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, applicant has 3 criminal antecedents; one case under the Excise Act and 2 cases under the IPC and all cases are pending, which is mentioned in the bail application and it appears that all the cases are old, the applicant is in jail since 21.5.2026 and conclusion of 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. Let the Applicant – Sundarlal @ Golu, involved in Crime No.236/2026 registered at Police Station Chowki Kankabira, PS Sarangarh District Sarangarh-Bilaigarh C.G.) for the offence under Section 34 (2) & 59 (A) of the 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 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 their counsel. In case of his absence, 4 without sufficient cause, the trial court may proceed against them 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve