1 CGHC010272892026 2026:CGHC:37635 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6605 of 2026 Sant Kumar Chelak Son Of Kashiram Chelak, Aged About 41 Years Resident Of Village Tonatar, P. S. Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.). ... Applicant(s) versus State Of Chhattisgarh Through The Station House O4cer, Police Of Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.) ... Non-Applicant(s) For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant : Ms. Anusha Naik, Dy. Govt. Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 342/2026 registered at Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. As per the prosecution case, on 17.06.2026, the police received a secret information regarding the possession and manufacture of illicit country-made Mahua liquor. Acting upon the said information, the police party conducted a raid and intercepted the applicant. During the search, 100 bulk litres of country-made Mahua liquor were allegedly seized from the possession of the applicant. The police also seized a gas cylinder, stove (chulha) and other articles allegedly used for the preparation of the illicit liquor. Thereafter, an FIR was registered against the applicant for the alleged offence and he was arrested in connection therewith. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that as alleged liquor was not seized from the conclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and further the applicant has no previous criminal antecedent and the applicant is in jail since 17.06.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Per contra, learned counsel for the State/non-applicant would oppose the bail application, however, she admits that there is no previous criminal antecedent of the applicant and the charge- sheet has already been filed in the present case before the competent Court and during the search, 100 bulk litres of country- 3 made Mahua liquor was seized from the possession of the applicant therefore, he is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent he is in jail since 17.06.2026 and the charge-sheet has already been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicant – Sant Kumar Chelak, involved in Crime No. 342/2026 registered at Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on his furnishing a 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. 4 (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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal