1 CGHC010252832026 2026:CGHC:34595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6018 of 2026 1 - Krishna Kumar Kewat S/o Tij Ram Kewat Aged About 42 Years R/o - Jogra, P.S. And Tahsil - Sakti, District - Sakti (C.G.) 2 - Akhilesh Kumar Kewat S/o Krishna Kumar Aged About 19 Years R/o - Jogra, P.S. And Tahsil - Sakti, District - Sakti (C.G.) ...Applicants versus State Of Chhattisgarh Through Station House Officer P.S. - Sakti, District - Sakti (C.G.) ... Non-applicant For Applicant : Mr. Sourabh Sonwani, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. 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 applicants who have been arrested in connection with Crime No. 238/2026, registered at Police Station – Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2) 42 of the Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 17:59:11 +0530 2 2. The prosecution case, in brief, is that on 25.05.2026, on the basis of a secret information received by the police regarding storage of a large quantity of illicit Mahua liquor for sale near Kantajharia Hill of Village Jongra, a raid was conducted in the presence of witnesses. During the raid, three persons were allegedly found possessing illicit liquor, out of whom two persons fled from the spot on seeing the police party. while one person, namely Bhupendra Jaiswal, was apprehended. Thereafter the other co-accused namely krishna kumar kewat and the applicant no. 2 were arrested on 01/06/2026. It is alleged that 55 bulk liter liquor have been seized from the applicants, therefore, the applicants were arrested on 01/06/2026. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and that the allegations levelled against them are false, baseless and malicious. It is further submitted that the applicants are law-abiding citizens and there is no credible evidence to establish their involvement in the alleged offence under the Excise Act. The applicants have been implicated solely on the basis of the memorandum statement of co-accused Bhupendra Jaiswal and, except for the said memorandum statement, there is no independent material connecting the applicants with the alleged offence. Learned counsel further submits that the applicants were not present at the spot and no contraband was seized from their possession, whereas the alleged seizure of 55 bulk litres of country-made liquor was made before their arrest. It is therefore submitted that the applicants have been falsely implicated and the prosecution has failed to establish 3 their presence or possession of the seized liquor. It is further submitted that applicant No.2 is a young person aged about 19 years, while applicant No.1 is the eldest male member and the sole breadwinner of his family, and their continued detention would cause serious financial hardship to the family. The applicants are permanent residents of the address mentioned in the cause title, have movable and immovable properties, and there is no likelihood of their absconding or tampering with the prosecution evidence. They are ready to furnish adequate security and abide by all the conditions that may be imposed by this Hon’ble Court. Therefore, learned counsel prays that the applicants may kindly be enlarged on regular bail. 4. On the other hand, learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. It was further submitted that the applicant No. 2 has two criminal antecedent, therefore, the applicants are not 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 and gravity of the offence levelled against the applicants, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicants have remained in jail since 01.06.2026, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicants. 7. Let applicants, Krishna Kumar Kewat & Akhilesh Kumar Kewat involved in Crime No. 238/2026, registered at Police Station – Sakti, 4 District - Sakti (C.G.) for the offence punishable under Sections 34(2) 42 of the Excise Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants 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 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 them in accordance with law. 8. 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 vaibhav