1 CGHC010294072026 2026:CGHC:35244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7337 of 2026 Ajay Bharti S/o- Late Surendra Bharti, Aged About 23 Years R/o- Village Deorbija Police Chowki, PS Bemetara and District- Bemetara, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- SHO Police Chowki Deorbija P.S. Bemetara District- Bemetara (C.G.) ... Non-Applicant For Applicant : Mr. Dushyant Dayal, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.08.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 295/2026 registered at Police Chowki – Deorbija, P.S. Bemetara, District- Bemetara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per prosecution, according to the case diary, that it is alleged that present applicant found in possession 6.3 bulk liters English liquor, which is seized from the possession of the applicant and registered the aforesaid offence against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.12 12:46:43 +0530 2 charge-sheet has already been filed in the present case and that the applicant has been in judicial custody since 06.05.2026. He further submits that the applicant has five previous criminal antecedents, four cases are disposed of and one is pending, the same has been explained in part – D of this bail application. Learned Counsel argues that under Section 34(2) of the C.G. Excise Act, the prescribed punishment ranges from a minimum of one year to a maximum of three years, and that the conclusion of the trial is likely to take a considerable amount of time. In light of the aforesaid circumstances, it is prayed that this Court may be pleased to grant regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She further submitted that the charge-sheet has been filed. She further submits that the applicant has six previous criminal antecedents, hence he 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has been filed, the criminal antecedents of the applicant has been explained in part- D of this bail application and the applicant has been in custody since 06.05.2026, and that the conclusion of the 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. Accordingly, the bail application is allowed. Let the applicant - Ajay Bharti, involved in Crime No. 295/2026 registered at Police Chowki Deorbija P.S. Bemetara District- Bemetara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be 3 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 him, in accordance with law, under Section 209 of BNS. (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 4 open for the trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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 Preeti