1 CGHC010307682026 2026:CGHC:37377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7726 of 2026 Shubham Giri Goswami S/o Lt. Mahettar Giri Goshwami Aged About 30 Years R/o Village- Kotri, P.S. And Tahsil- Sarangarh District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus The State Of Chhattisgarh Through- Station House Officer P.S. Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ...Non-applicant _____________________________________________________ For Applicant :Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State :Ms. Smriti Shrivastava, PL. _____________________________________________________ Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.08.2026 1. Learned Counsel for the Applicant submits that with regard to the defects pointed out by the Registry, the requisite documents have been filed today. 2. In view thereof, the defects pointed out by the Registry stand removed. 3. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.20 17:39:58 +0530 2 for grant of regular bail, as he has been arrested in connection with Crime No.195/2026 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh (C.G.), for the offences under Sections 34(2), 59(A) and 41 of Excise Act as also under Section 61(2) of the BNS. 4. The prosecution case, in brief, is that on 29.04.2026, the police received secret information regarding illegal possession of liquor and pursuant thereto, conducted a raid at the house of the present Applicant and the co-accused. During the raid, 120 bulk litres of handmade liquor were allegedly seized from the possession of the Applicant, pursuant to which the offences under the sections mentioned as above were registered and the Applicant was arrested. Hence this application. 5. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged illicit liquor was not seized from the conscious and exclusive possession of the Applicant and prima facie, no case is made out against him. It is further submitted that the offences alleged are triable by a Magistrate, the Applicant is in custody since 29.04.2026 and the conclusion of the trial is likely to take considerable time, therefore, he may be granted regular bail. 3 6. On the other hand, learned Counsel for the State opposes the bail application and submits that the Applicant has three previous criminal antecedents, including two cases registered under the IPC in the year 2023 and one case under the Excise Act in the year 2025. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the quantity of the alleged illicit liquor seized, the fact that the alleged offences are triable by a Magistrate, the Applicant is in custody since 29.04.2026 and the conclusion of trial is likely to take considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 9. Let Applicant- Shubham Giri Goswami involved in Crime No.195/2026 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh (C.G.), for the offences under Sections 34(2), 59(A) and 41 of Excise Act as also under Section 61(2) of the BNS be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of 4 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 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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya