1 CGHC010261992026 2026:CGHC:34596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6551 of 2026 Bhupendra Jaiswal S/o Shankar Jaiswal Aged About 25 Years R/o Village Jongra Tahasil And P.S.- Sakti, District Sakti (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Sakti, District Sakti (C.G.) ... Non-applicant For Applicant : Mr. Ishwar Chandra, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. 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 applicants who has been arrested in connection with Crime No. 238/2026, registered at Police Station – Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2) & 42 of the Excise Act. 2. The prosecution case, in brief, is that on 25.06.2026 Police of Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 17:59:12 +0530 2 Station Sakti, Dist- Sakti (C.G.) got information from the informer and seized 55 bulk litters country handmade Mahua liquor amounted Rs.11000/-from illegal possession of the applicant and Crime was registered against the accused person and he was arrested during investigation. 3. Learned counsel appearing for the applicant submits that the applicant is completely innocent and has been falsely implicated in the present case and has not committed any act attracting the alleged offence. It is further submitted that the alleged seizure was made from an open place and the seized liquor was neither recovered from the exclusive possession nor under the exclusive control of the applicant, and mere presence at the spot does not establish conscious possession or involvement in the alleged offence. Learned counsel further submits that the applicant is not a habitual offender and there is no credible evidence connecting him with the seized liquor, and the prosecution has concocted a false case which is not supported by any reliable material. It is also submitted that nothing incriminating was recovered from the possession of the applicant. The applicant has been in custody since 25.05.2026 and the charge-sheet has not yet been filed; therefore, the trial is likely to take considerable time for its conclusion. The applicant is the sole breadwinner of his family and his continued incarceration would cause serious hardship to his family and adversely affect his future. It is further submitted that the alleged offence is triable by a Magistrate and, therefore, further detention of the applicant is not warranted. Hence, learned counsel prays that the applicant may kindly be enlarged on regular bail. 3 4. On the other hand, learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 25.05.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Bhupendra Jaiswal involved in Crime No.238/2026, registered at Police Station – Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2) & 42 of the 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 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 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 4 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 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav