1 CGHC010263572026 2026:CGHC:37912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6387 of 2026 Rajkumar Dhanwar S/o Shratu Dhanwar Aged About 44 Years R/o Gram Pali, P.S. And Tehsil - Masturi, District - Bilaspur Chhattisgarh. (Wrongly Mentioned as Rajkumar Vastrakar In Impugned Order) ... Applicant versus State Of Chhattisgarh Police Station - Excise Circle Masturi, Distt- Bilaspur (C.G.) ... Non-Applicant For Applicant : Shri Ishwar Jaiswal, Advocate. For Non-Applicant : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24/08/2026 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.38/2026 registered at Police Station Excise Circle Masturi, District Bilaspur (C.G.) for the offence under Sections 34 (1)(a)(f), 34 (2) & 59 (a) of the CG Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 12:25:20 +0530 2 2. The prosecution case, in brief, is that on 23/06/2026 the police has received information from the informant during patrolling that one unknown has kept liquor illegally for sale and police has seized total 13 bulk litters of liquor and 45 kg mahua lahan from possession of the applicant. Thereafter FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. No recovery has been made from conscious and exclusive possession of the applicant, and the alleged seizure is doubtful and suffers from material procedural irregularities. The applicant has no concern with the liquor, even there is no evidence on record to establish the fact that the applicant was in possession of the said liquor or it is seized from the applicant. The prosecution agency has not made any measurement of the liquor and without the measurement seized the liquor and mentioned it as 13 bulk liter liquor and 45 kg mahua lahan and at the time of preparing seizure memo, called the witnesses from their pockets. The applicant does not have any criminal antecedents. The applicant is in jail since 23.6.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents, and the charge sheet has been submitted against the applicant. 3 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedents, which is mentioned in the bail application, the applicant is in jail since 23.6.2026 and conclusion of 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. Let the Applicant – Rajkumar Dhanwar, involved in Crime No.38/2026 registered at Police Station Excise Circle Masturi, District Bilaspur (C.G.) for the offence under Sections 34 (1)(a)(f), 34 (2) & 59 (a) of the CG Excise Act, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve