1 CGHC010247032026 2026:CGHC:36908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6404 of 2026 1 - Madhav Singh Seth S/o Laxman Singh Aged About 44 Years R/o Village Saraipali, P.S. Punjipathara, District Raigarh (C.G.) 2 - Vidheshi Yadav S/o Shoukilala Yadav Aged About 27 Years R/o- Village- Bhaingadhi P.S. Punjipathara, District Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through P.S.- Punjipathara District Raigarh, (C.G.) ... Non-Applicant For Applicants : None. For Non-Applicant : Shri Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/08/2026 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 applicants who have been arrested in connection with Crime No.139/2026 registered at Police Station Punjipathara, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.19 18:37:28 +0530 2 District Raigarh (C.G.) for the offence under Section 34 (2) & 59 (A) of the CG Excise Act. 2. The prosecution case, in brief, is that on receiving secret information from the informant, the concerned police conducted a raid and seized handmade liquor which was kept in 70 plastic bags each containing 1 liter, thus total 70 bulk liters from the present applicants. Thereafter the FIR was registered against the applicants. Hence the bail application. 3. It is stated in the application that the applicants are innocent and have been falsely implicated in the crime. There is no role of the present applicants, as there is no eyewitness in the present case in hand and only on the basis of assumption the present applicants have been implicated. There is no seizure of any incriminating article from the exclusive possession of the present applicants. The applicants have 4 criminal antecedents under the IPC and Excise Act, and all the cases have already been disposed of. The applicants are in jail since 11.6.2026. Therefore, the applicants 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 applicants have 4 criminal antecedents under the IPC and Excise Act, and all the cases have already been disposed of, and the charge sheet has been submitted against the applicants. 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 applicants, the applicants have 4 criminal antecedents under the IPC and Excise Act, and all the cases have already been disposed of, which is mentioned in the bail application, the applicants are in jail since 11.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicant – Madhav Singh Seth & Vidheshi Yadav, involved in Crime No.139/2026 registered at Police Station Punjipathara, District Raigarh (C.G.) for the offence under Section 34 (2) & 59 (A) of the CG Excise Act, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, 4 without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 applicants 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