1 CGHC010282222026 2026:CGHC:36844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6599 of 2026 Murli Tandon S/o Chandrahas Tandon Aged About 32 Years Resident Of Indouri, Thana- Piparia, District- Kabirdham (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through- Excise Circle - Pallari, District- Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Ms. Gunjan Rani Agarwal, Advocate. For Non-applicant/State. : Ms. Sameeksha Gupta, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 32/2026 registered at Police Station - Pallari, District- Balodabazar- Bhatapara (C.G.), for the offences punishable under Section 34(2) of the Excise Act. 2. The prosecution story, in brief, is that a secret information received by the informant, the Excise Circle Team, Palari, conducted a search of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.19 11:44:37 +0530 2 the house of the applicant situated on Jara-Sandi Road in the presence of independent witnesses. During the course of the search, the excise officials allegedly recovered 64.8 bulk liters of illicit 'Masala' country liquor from the kitchen of the house. It is further alleged that52 empty bottles, 52 bottle caps, approximately 150 liters of coloured water mixed with 'Jalebi' colour, and one plastic funnel were also seized from the premises. Since the applicant allegedly failed to produce any valid license or document authorizing possession of the aforesaid liquor, the investigating agency prepared a seizure memo (Panchnama) on the spot and confiscated the seized articles. Thereafter, an offence under Section 34(2) of the Chhattisgarh Excise Act. 3. 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 recovery is a matter of trial and the prosecution is required to establish conscious and exclusive possession of the seized articles by leading cogent evidence. It is further submitted that the applicant has neither committed nor participated in the alleged offence and that the material collected during investigation is not prima facie sufficient to establish his involvement. The applicant has been in judicial custody since 10.06.2026, and his continued detention is causing hardship to his family, who are dependent upon him for their livelihood. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution witnesses, and he is ready to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court. Therefore, the 3 applicant prays for grant of bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has not yet been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the fact that the present applicant has no criminal antecedents, that the charge-sheet has not yet been filed, and that the applicant has been in custody since 10.06.2026, while the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Murli Tandon, involved in Crime No. 32/2026 registered at Police Station - Pallari, District - Balodabazar-Bhatapara (C.G.), for the offences punishable under Section 34(2) 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 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 4 cause, the trial court may proceed against his 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. 8. 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 vaibhav