1 CGHC010253962026 2026:CGHC:36855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6298 of 2026 1 - Rajaram S/o Harirampali Aged About 27 Years R/o Village - Bachedi, Police Station & Tahsil – Sahaspur Lohara, District - Kabirdham Chhattisgarh 2 - Bhagwat S/o Sundarlalsonwani Aged About 21 Years R/o Village- Dhodhamanawapara, Police Station And Tahsil – Sahaspur Lohara , District - Kabirdham (C.G.) --- Applicant(s) versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station - Sahaspurlohara, District - Kabirdham (C.G.) --- Respondent(s) And MCRC No. 6915 of 2026 1 - Amritlal S/o Muktavan Kosre Aged About 30 Years R/o Village Udiyakala, Police Station And Tehsil Sahaspur Lohara, District Kabirdham, (C.G.) ---Applicant(s) Versus RUCHI YADAV Digitally signed by RUCHI YADAV 2 1 - State of Chhattisgarh Through The S.H.O, Police Station Sahaspur Lohara, District Kabirdham (C.G.) --- Respondent(s) For Applicant(s) : Mr. Chandrikaditya Pandey, Advocate in MCRC No. 6298 of 2026 Mr. Siddharth Pandey, Advocate in MCRC No. 6915 of 2026 For Respondent(s)/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2026 1. Since both the bail applications arise out of the same crime number, they are being heard and decided by this common order. 2. The present are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No. 71/2026 registered at Police Station Sahaspur Lohara, District Kabirdham (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. As per the prosecution case, in brief, on receiving secret information that three persons were transporting illegal country-made liquor for sale, the police reached Gupta Crusher Khandan Road, Irimkasa, and intercepted a black-coloured motorcycle bearing registration No. CG 09 D 7772. The persons were identified as Amrit Kosare and the present applicants, Rajaram Pali and Bhagwat Sonwani. On search, 50 quarters and 40 quarters of country-made liquor, each containing 180 ml, totalling 16.200 bulk litres, were allegedly recovered from their 3 possession. The liquor and motorcycle were seized in the presence of witnesses. As the applicants failed to produce any valid pass or permit for possession and transportation of the liquor, Crime No. 71/2026 was registered at Police Station Sahaspur Lohara, District Kabirdham (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, and the applicants were arrested on the spot. 4. In MCRC No. 6298 of 2026, learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the alleged liquor was not seized from their exclusive possession and there are procedural irregularities in the seizure proceedings, including absence of a proper measurement panchnama and physical/chemical examination of the seized liquid. It is, therefore, contended that no prima facie case is made out against the applicants. Learned counsel further submits that the applicants have been in judicial custody since 15.06.2026, charge-sheet has been filed and the trial is likely to take considerable time to conclude. Hence, the applicants deserve to be released on regular bail. 5. In MCRC No. 6915 of 2026, learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that he has been in judicial custody since 15.06.2026 and the charge-sheet has already been filed. The trial is likely to take considerable time. Learned counsel further submits that the applicant is the sole breadwinner of his family and his continued incarceration would cause hardship to his family. The prosecution case is based mainly on the alleged recovery, which is a matter to be tested 4 during trial. Hence, the applicant deserves to be released on regular bail. 6. On the other hand, learned State counsel opposes the bail applications. He submits that in MCRC No. 6298 of 2026, Applicant No.1 has one criminal antecedent whereas Applicant No.2 has no criminal antecedent. In MCRC No. 6915 of 2026, the applicant has one criminal antecedent. He further submits that, considering the nature and gravity of the offence, the applicants are not entitled to be released on bail. 7. I have heard learned counsel appearing for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case, the nature of allegations, the material available on record, the period of custody of the applicants since 15.06.2026 and the fact that the charge-sheet has already been filed, this Court is of the considered view that the applicants deserve to be enlarged on regular bail. The trial is likely to take considerable time to conclude. Therefore, without expressing any opinion on the merits of the case, the applicants are entitled to be released on bail. 9. Accordingly, both the bail applications are allowed. Let the applicants, namely Rajaram, Bhagwat and Amritlal involved in Crime No. 71/2026 registered at Police Station Sahaspur Lohara, District Kabirdham (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the 5 satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants is deliberate 6 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. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 11. 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 Ruchi