1 CGHC010271732026 2026:CGHC:36852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6363 of 2026 1 - Chandraprakash Bachekar S/o Late Naresh Bachekar Aged About 27 Years R/o Industrial Ward Dhamtari, Tahsil & Dist.- Dhamtari, C.G. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - City Kotwali Dhamtari, District- Dhamtari, C.G. ... Respondent(s) For Applicant(s) : Mr. Adarsh Rajput, Advocate For Respondent(s)/State : Mr. Shubham Bajpai, 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”), seeking grant of regular bail to the applicant, who is presently in judicial custody in connection with Crime No. 147/2026, registered at Police Station City Kotwali Dhamtari, District Dhamtari (Chhattisgarh), for the offence punishable under Section 34(2) of the C.G. Excise Act. RUCHI YADAV Digitally signed by RUCHI YADAV 2 2. As per the prosecution case, on 17.06.2026, the police party received secret information that the applicant was carrying country-made liquor in a light blue bag on scooter bearing registration No. CG-19-BE-7539 near Naharpar Bhatti Road, Nahar Naka, Danitola, Dhamtari. Upon reaching the spot, the applicant was allegedly apprehended and, upon search, 57 quarter bottles of country-made liquor, “Romeo”, each containing 180 ml, totalling 10.260 litres, along with cash of ₹6,200/-, were allegedly recovered from his possession. The applicant failed to produce any valid document authorising possession of the liquor. Accordingly, the liquor was seized and Crime No. 147/2026 was registered under Section 34(2) of the Chhattisgarh Excise Act. After completion of investigation, the charge-sheet was filed before the learned Chief Judicial Magistrate, Dhamtari, on 06.07.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged offence. It is contended that the applicant has not committed the offence as alleged and that the allegations levelled against him are yet to be proved during trial. The applicant has two criminal antecedents; however, he has been acquitted in both the cases and has been in judicial custody since 17.06.2026. Learned counsel further submits that the charge-sheet has already been filed and the trial is likely to take considerable time. On these grounds, learned counsel prays that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that 57 quarter bottles of country-made liquor, totalling 10.260 litres, were recovered from the possession of the applicant, who failed 3 to produce any valid document authorising such possession. It is further submitted that the charge-sheet has already been filed. However, it is fairly submitted that the applicant has two criminal antecedents under the Excise Act, in both of which he has already been acquitted. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of the allegation, the fact that the charge-sheet has already been filed, the applicant has been in judicial custody since 17.06.2026, and, importantly, his two previous criminal cases under the Excise Act have ended in acquittal, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application is allowed. Let the Applicant – Chandraprakash Bachekar involved in Crime No. 147/2026, registered at Police Station City Kotwali Dhamtari, District Dhamtari (Chhattisgarh), for the offence 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 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 4 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 under Section 269 of Bharatiya Nyaya 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 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 in accordance with law. 5 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 10. Accordingly, I.A. No. 01/2026, an application for urgent hearing, stands disposed of. Sd/- (Ramesh Sinha) Chief Justice Ruchi