1 CGHC010288842026 2026:CGHC:34524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7181 of 2026 Raju @ Lutu S/o Late Alakh Yadav Aged About 28 Years R/o Kharora Ward No. 08, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House O1cer, Police Station Kharora, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 608/2025, registered at Police Station - Kharora, District – Raipur (C.G.) for the o=ence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, in brief, it is alleged that while on patrol duty, the police received information from an informant that certain unknown persons had kept illicit country-made liquor in a scooty for the purpose of sale. Acting on the said information, the police reached the spot and allegedly seized 32.220 bulk litres of country-made liquor from ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.07 16:24:32 +0530 2 an open place. It is further alleged that the applicant failed to produce any valid licence or document authorising the possession of the seized liquor. Consequently, the police registered a case against the applicant for the o=ence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that the applicant has only 03 criminal antecedents. Out of them, two cases are registered under the Excise Act - in one case, the applicant has already been acquitted, while the other is pending trial. The third case is registered under the Gambling Act, which has already been disposed of. The details of all the aforesaid antecedents have been duly explained in Part D of the present bail application. He further submits that under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. He also submits that the co- accused persons, namely, Ajay Dhivar and Dhanendra Bhoi, have already been granted regular bail by this Court in MCRC No. 8670 of 2025 vide order dated 31.10.2025. He further submits that the applicant has been in judicial custody since 14.07.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be granted bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the present case pertains to the year 2025 and that the applicant had been absconding since then, until he was eventually arrested on 14.07.2026. She further submits that, in view of the applicant's criminal antecedents under the Excise Act, he appears to be a habitual o=ender. Therefore, it is submitted that the applicant is not 3 entitled to the grant of bail. 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 of the allegations, the fact that the present case pertains to the year 2025 and that the applicant was arrested on 14.07.2026 after remaining absconding, the fact that the applicant has only three criminal antecedents, in 01 case registered under the Excise Act he has already been acquitted, the other Excise Act case is pending trial, and the case registered under the Gambling Act has already been disposed of, all of which have been duly explained in Part D of the present bail application, the fact that the co-accused persons, namely, Ajay Dhivar and Dhanendra Bhoi, have already been granted regular bail by this Court, the fact that the charge-sheet has already been Eled before the competent Court, the fact that the applicant has been in judicial custody since 14.07.2026, and as the conclusion of the trial is likely to take considerable time, I am of the opinion that the applicant is entitled to be released on bail. 7. 7. Let applicant, Raju @ Lutu, involved in Crime No. 608/2025, registered at Police Station - Kharora, District – Raipur (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 in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall Ele an undertaking to the e=ect that she shall not seek any adjournment on the dates Exed 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 Exed, either personally or through her counsel. In case of her absence, without su1cient cause, the trial court may proceed against 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 her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date Exed in such proclamation, then, the trial court shall initiate proceedings against 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 Exed 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 su1cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. O1ce is directed to provide a certiEed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek