1 CGHC010300152026 2026:CGHC:37925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7095 of 2026 1 - Devnath Usendi S/o Rajman Usendi Aged About 30 Years R/o Village Chhindtola, Partapur, Tahsil Pakhanjur, Distt. Kanker, Chhattisgarh. Applicant (s) versus 1 - State Of Chhattisgarh Through Police Of Police Station Kankabira, P.S. Partapur, Distt. Kanker, Chhattisgarh. Respondent(s) For Applicant (s) : Mr. Anukul Biswas, Advocate For Respondent(s) : Ms. Smriti Shrivastava, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.08/2026, registered at Police Station Partapur, District Kanker (C.G.) for the offence punishable under Section 34 (2) of Excise Act. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that the applicant was found in possession of 25 bulk litres of country made liquor illegally, thereafter a case was registered against the applicant and he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the false seizure memo has been prepared by the police in order to rope the applicant in a false criminal case. He further submitted that the applicant is in jail since 29.06.2026, he has no criminal antecedent, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicants and submits that illegal liquor was seized from the possession of the applicant, as such he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the applicant is in jail since 29.06.2026, he has no criminal antecedents, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without 3 commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Devnath Usendi, involved in Crime No.08/2026, registered at Police Station Partapur, District Kanker (C.G.) for the offence punishable 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 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 4 court shall initiate proceedings against his/her, 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 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.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala