1 CGHC010316972026 2026:CGHC:36906 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7654 of 2026 Surya Dewar W/o Om Prakash Dewar, Aged About 35 Years R/o. Near Kota Mazzid, Saraswati Nagar, Raipur, District - Raipur, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Saraswati Nagar, District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aishwarya Diwan, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 107/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Saraswati Nagar, District - Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 27.05.2026, the police received secret information that a woman was selling illicit liquor near Saraswati Nagar Overbridge. Acting upon the information, the police conducted a raid and allegedly seized 85 small bottles of country-made liquor, totaling 15.300 bulk litres, from the present applicant. Accordingly, Crime No. 107/2026 was registered at Police Station Saraswati Nagar, District Raipur (C.G.), against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 15.300 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. 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 also submits that the applicant has six criminal antecedent under the Excise Act, out of which, in four cases, the applicant has already been acquitted of the charges, one case is disposed of and only one case bearing case Crime No.209/2023 is pending against the applicant, the applicant is in jail since 27.05.2026 and the conclusion of the trial is likely to take 3 quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case and the applicant has six criminal antecedents under the Excise Act of the year 2017, 2019, 2023 and 2025. He further submits that 15.300 bulk liters of the country made liquor was recovered from the possession of the applicant, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has total six criminal antecedents under the Excise Act, out of which, in four cases, the applicant has already been acquitted of the charges, one case is disposed of and only one case bearing case Crime No.209/2023 is pending against the applicant, the applicant is in jail since 27.05.2026 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicant - Surya Dewar, involved in Crime No. 107/2026 registered at Police Station Saraswati Nagar, District - Raipur 4 (C.G.), for the offence punishable under Section 34(2) of the C.G. 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 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 her counsel. In case of her absence, without sufficient 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 fixed 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 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, 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil