1 CGHC010301972026 2026:CGHC:34564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7210 of 2026 Tipesh Kumar Soni S/o Shri Girdhari Lal Soni Aged About 32 Years Occupation Supervisor, R/o Ward No. 02, Daundi, Police Station Daundi, District Balod (C.G.), Presently Quarter No. 03, Road Avenue E, Sector 06, Bhilai, Tehsil And District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-Applicant For Applicant : Shri Aayush Bhatia, Advocate. For Non-Applicant : Shri Sumit Singh, Deputy AG. 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 applicant who has been arrested in connection with Crime No.194/2026 registered at Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence under KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.07 17:57:24 +0530 2 Sections 34 (1)(A), 34(2), 36, 59-a(1)(2) & 49 (b)(c) of the CG Excise (Amendment) Act, 2002, and under Sections 61 (2), 318(4), 336(2), 336(3), 340(2), 338 & 342 (1) of the BNS. 2. The prosecution case, in brief, is that on 12.5.2026 at about 21.56 hours, the concerned police has received information to the effect that one Suman Parihar, resident of Ward No.11, Dharampura, Khairagarh, had let out the upper floor of his house situated near Shani Mandir on rent, wherein the tenants were allegedly engaged in adulterating liquor, refilling the same into empty bottles, and affixing counterfeit labels, caps, bottling stickers and holograms of the Chhattisgarh Excise Department, and thereafter selling such liquor. On verification of the said information, the police party along with the Cyber Cell team raided the premises and found co-accused Bhagwat Verma and Trilok Yadav present there. From possession of co- accused Bhagwat Verma, 130 sealed quarter bottles of Goa Special Whisky of 180 ml each (23.400 bulk litres), one pink water-can containing about 10.500 bulk litres of a red liquid smelling of liquor, 203 caps, 500 liquor label stickers, one jerrican, one funnel and 12 blue sticks were allegedly seized; and from the alleged possession of co-accused Trilok Yadav, 245 yellow caps, 67 empty bottles without caps, 220 label slips and 02 empty water-cans were allegedly seized. On this basis, FIR was registered against the said two co-accused alone. It is the specific and admitted case of the prosecution that the applicant was neither named in the FIR nor present at the spot 3 at the time of the alleged raid and seizure. The applicant was called to the Police Station and, on the strength of the so-called memorandum statements of the co-accused recorded in police custody, was arrested on 13.05.2026 at 12:25 hours from the Police Station itself. The only article shown to have been taken from the applicant is one mobile phone, produced by him at the Police Station. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The applicant is not named in the FIR and the applicant has been arrested on the basis of memorandum statements of co-accused persons. The applicant does not have any criminal antecedents. The applicant is in jail since 13.5.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents, and the charge sheet has been submitted against the applicant. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant is not named in the FIR and he has been arrested on the basis of memorandum statements of co- 4 accused persons, the applicant does not have any criminal antecedents, he is in jail since 13.5.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let the Applicant – Tipesh Kumar Soni, involved in Crime No.194/2026 registered at Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence under Sections 34 (1)(A), 34(2), 36, 59-a(1)(2) & 49 (b)(c) of the CG Excise (Amendment) Act, 2002, and under Sections 61 (2), 318(4), 336(2), 336(3), 340(2), 338 & 342 (1) of the BNS, 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 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya 5 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 shall initiate proceedings against him, 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve