1 CGHC010304252026 2026:CGHC:35999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7490 of 2026 Dhurva Baraiya S/o Late Shri Lakhan Baraiya Aged About 59 Years R/o Thanoud Bhathapara, Police Outpost- Anjora, Police Station- Pulgaon, District- Durg (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Of Police Station Pulgaon, Police Outpost- Anjora, District Durg (Chhattisgarh) ... Non-applicant _____________________________________________________ For Applicant :Mr. Khilendra Sahu, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 18:48:23 +0530 2 connection with Crime No.568/2026 registered at Police Outpost Anjora, Police Station – Pulgaon, District Durg (C.G.), for the offence under Section 34(2) of Excise Act. 2. Facts of the case are that on 14.06.2026 at about 08:00 P.M., Head Constable Rakesh Singh, posted at Police Outpost Anjora, Police Station Pulgaon, received secret information that a person was illegally selling liquor at Rasamada Market Chowk. Acting upon the said information, the police party reached the spot along with independent witnesses Dilip Nishad and Shambhu Yadav. After preparing the necessary proceedings, witness Dilip Nishad was sent as a decoy purchaser with two currency notes of Rs.100/- each bearing Nos. 4AE569414 and 2KR034368. After the suspect agreed to sell liquor for Rs.200/-, the police party, on receiving the signal from the decoy purchaser, apprehended him. On inquiry, he disclosed himself as the present Applicant. During search, the aforesaid currency notes were recovered from his pocket and from a black college bag allegedly in his possession, 30 quarter bottles of country-made liquor of “Masala Sawa Sher” brand, each containing 180 ml, totalling 5.40 bulk litres, along with Rs.270/- as sale proceeds, were seized. The Applicant was unable to produce any valid licence or document authorizing possession or sale of the 3 said liquor. Accordingly, the liquor, sale proceeds and the currency notes used for the purchase were seized and crime was registered against the Applicant, the offences were registered and investigation was taken up and the Applicant was duly arrested. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. 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. He further submits that no illicit liquor has been recovered or seized from the conscious possession of the Applicant and that the entire quantity of 5.40 bulk litres of illicit liquor was allegedly recovered from the possession of the co-accused persons. It is lastly submitted that the Applicant is in judicial custody since 15.06.2026 and conclusion of trial is likely to take considerable time, therefore, he may be granted bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the Applicant has one previous criminal antecedent under Section 302 of the IPC, pertaining to the year 2014. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the quantity of liquor allegedly seized, the fact that no illicit liquor has been recovered or seized from the conscious possession of the Applicant, the period of custody of the Applicant since 15.06.2026 and the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Dhurva Baraiya involved in Crime No. 568/2026 registered at Police Outpost Anjora, Police Station – Pulgaon, District Durg (C.G.), for the offence under Section 34(2) of 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/she 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/her 5 counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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/her 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya