1 2026:CGHC:12547 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 874 of 2026 1 - Rekhan Lal Khute S/o Shri Dhaniram Khute Aged About 34 Years R/o Shanti Nagar, Village- Sukhipali, Police Station- Pithora, District- Mahasamund, Chhattisgarh. 2 - Haldhar Kandoi S/o Late Shri Samaru Kandoi Aged About 36 Years R/o Shanti Nagar, Village- Sukhipali, Police Station- Pithora, District- Mahasamund, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House O2cer, Police Station- Pithora, District- Mahasamund, Chhattisgarh. ... Non-applicant For Applicants : Ms. Kiran Sahu, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.03.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 252/2025, registered at Police Station : Pithora, District- Mahasamund (C.G.) for the o;ence punishable under Section 34(2) of the C.G. Excise Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that the police of Police Station : Pithora, District- Mahasamund (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized total 40 bulk liters of country made liquor from the joint possession of the present applicants. Thereafter, Police has registered an o;ence punishable under Section 34(2) of the C.G. Excise Act against the present applicants. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She also submits that the charge-sheet has already been Bled before the competent Court. She submits that the present applicants have no any previous criminal antecedents. She further submits that the applicants are in jail since 31.12.2025 and the trial is likely to take some time for its conclusion, therefore, she prays grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been Bled before the competent Court in the present case. She further submits that from the joint possession of the present applicants total 40 bulk liters of country made liquor was seized, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the present applicants have no any previous criminal antecedents and further considering the fact that the charge-sheet has been Bled before the competent Court and they are in jail since 31.12.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Accordingly, the bail application of the applicants is allowed. Let the applicants, Rekhan Lal Khute and Haldhar Kandoi, involved in Crime No. 252/2025, registered at Police Station : Pithora, District- Mahasamund (C.G.) for the o;ence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall Ble an undertaking to the e;ect that they shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through their counsel. In case of their absence, without su2cient cause, the trial court may proceed against 4 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 their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date Bxed in such proclamation, then, the trial court shall initiate proceedings against them, 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 Bxed 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 su2cient 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. O2ce is directed to provide a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan