1 CGHC010302072026 2026:CGHC:37917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7256 of 2026 Guljari Soni S/o Shri Vyas Narayan Soni Aged About 55 Years Occupation- Business, R/o Village- Gaindatola, Police Station Gaindatola, Tahsil Chhuria, District Rajnandgaon (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Excise Circle, Chichola, District Rajnandgaon (Chhattisgarh) ... Non-Applicant For Applicant : Miss Sakshi Singh Thakur, Advocate. For Non-Applicant : Miss Palak Dwivedi, 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.44/2026 registered at Police Station Excise Circle Chichola, District Rajnandgaon (C.G.) for the offence under Sections 34 (2), 36 (F) & 59 (A) of the CG Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 12:45:07 +0530 2 2. The prosecution case, in brief, is that the Excise officer of excise circle Chichola received a secret information from the informant that applicant is selling the illicit liquor in his house, on the basis of said information officers have conducted a raid in the house situated near the Electricity Office Road at Village Gaindatola. During search allegedly conducted in the presence of the applicant, the Excise officials recovered 480 quarter bottles of Maharashtra-manufactured country liquor, equivalent to 86.400 bulk litres, allegedly kept without any valid licence or permit. On the basis of the said seizure, Crime No. 44/2026 was registered at Excise Circle Chichola for the offences punishable under Sections 34(2), 36 and 59(a) of the Chhattisgarh Excise Act. After completion of investigation, the charge-sheet has been filed before the competent Court and the applicant is in judicial custody. 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. The prosecution has failed to establish that the applicant was in exclusive and conscious possession of the premises from where the alleged liquor was seized. The prosecution case itself does not conclusively prove that the seized liquor was recovered from the exclusive possession of the applicant. There is a material contradiction regarding the ownership and possession of the premises. The Patwari map indicates that the house belongs to Khalil Ahmad, whereas the possession memo has been prepared 3 in the name of the applicant without any legal basis. This discrepancy creates a serious doubt regarding the prosecution case. The applicant has 4 criminal antecedents under the Gambling Act and Excise Act, and all the cases are disposed of. The applicant is in jail since 27.6.2026. 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 has 4 criminal antecedents under the Gambling Act and Excise Act, and all the cases are disposed of, and the charge sheet has been submitted against the applicant. 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 has 4 criminal antecedents under the Gambling Act and Excise Act, and all the cases are disposed of, which is mentioned in the bail application, the applicant is in jail since 27.6.2026 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 – Guljari Soni, involved in Crime No.44/2026 registered at Police Station Excise Circle Chichola, District Rajnandgaon (C.G.) for the offence under Sections 34 (2), 36 (F) 4 & 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. (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, 5 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