1 CGHC010319302026 2026:CGHC:37140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7696 of 2026 Deepak Bhoi S/o Lingraj Bhoi Aged About 26 Years R/o Nanakpali, P.S. Saraipali, District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Saraipali, District Mahasamund (C.G.) ...Non-applicant _____________________________________________________ For Applicant :Mr. Ajay Kumar Chandra, Advocate. For Non-applicant/State :Mr. Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.100/2026 registered at Police Station – Saraipali, District Mahasamund (C.G.), for the SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.20 11:13:02 +0530 2 offence under Section 34(2) of Excise Act. 2. As per the prosecution case, on 24.03.2026, the police of Police Station Saraipali intercepted the present Applicant along with the other co-accused persons and recovered a total of 70 bulk litres of handmade liquor from an unregistered vehicle. Accordingly, the offence under the relevant provisions of the Excise Act was registered against the Applicant, who was thereafter arrested. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent, has been falsely implicated in the present case and is in custody since 24.03.2026. He further submits that the offence under Section 34(2) of the C.G. Excise Act carries a minimum punishment of one year and a maximum punishment of three years. It is further submitted that out of eleven prosecution witnesses, only four have been examined so far and the conclusion of the trial is likely to take considerable time, therefore, the Applicant may be granted regular bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that the Applicant has three previous criminal antecedents, however, none of the said antecedents pertains to any offence under the Excise Act. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the Applicant is in custody since 24.03.2026, only four out of eleven prosecution witnesses have been examined so far and the fact that none of the three previous criminal antecedents of the Applicant relates to an offence under the Excise Act, also considering the fact that the trial is likely to take time for its conclusion, 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. 7. Let Applicant- Deepak Bhoi involved in Crime No.100/2026 registered at Police Station – Saraipali, District Mahasamund (C.G.), for the offence under Section 34(2) of Excise Act be 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 4 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. 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 Priya