1 CGHC010283522026 2026:CGHC:36639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7158 of 2026 Chhabi Rajak S/o Late Ganesh Ram Aged About 30 Years R/o Village Umreli, Bhatapara, Police Station Urga, District- Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Excise Circle Korba (South), District- Korba, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Anil Kumar Gulati, Advocate For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.08.2026 1. This is the =rst bail application =led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 63/2026 registered at Excise Circle Korba (South), District Korba (C.G.), for the o?ences punishable under Sections 34(1)(A), 34(2) and 59(A) of the Excise Act. 2. Case of the prosecution, in brief, is that on 25.05.2026, on the basis of secret information received by the concerned o@cer of Excise Circle Korba (South), a raid was conducted at the house of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 applicant. During the raid, the applicant was apprehended and allegedly 26.75 bulk litres of country-made Mahua liquor was recovered from his possession. Thereafter, the applicant was arrested and the aforesaid o?ences under the Excise Act were registered against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has not committed the alleged o?ence and the alleged recovery is not su@cient to warrant his continued incarceration. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is further submitted that the applicant has only one criminal antecedent under the Excise Act, which is still pending and has been duly explained in Part-D (Criminal Antecedents) of the bail application. He further submits that the applicant is in jail since 25.05.2026 and the trial is likely to take some time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel, appearing for the State/non-applicant, opposes the prayer for grant of bail and submits that 26.75 bulk litres of country-made Mahua liquor has been recovered from the possession of the applicant. She further submits that the applicant has one criminal antecedent under the Excise Act, as disclosed in the bail application and is still pending. However, she could not dispute the fact that the said antecedent 3 has been duly mentioned and explained by the applicant in Part-D (Criminal Antecedents) of the bail application. However, she prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of the allegation, alleged recovery of 26.75 bulk litres of country-made Mahua liquor from the possession of the applicant and the period of detention of the applicant since 25.05.2026 and further considering the fact that the applicant has only one criminal antecedent under the Excise Act, is still pending, which has been duly explained in Part-D (Criminal Antecedents) of the bail application, thus without commenting anything on the merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Chhabi Rajak, involved in Crime No. 63/2026 registered at Excise Circle Korba (South), District Korba (C.G.), for the o?ences punishable under Sections 34(1)(A), 34(2) and 59(A) of the 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 =le an undertaking to the e?ect that he shall not seek any adjournment on the dates =xed 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 4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date =xed, either personally or through his counsel. In case of his absence, without su@cient 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 =xed 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 =xed 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 su@cient 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. 9. O@ce is directed to send a certi=ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal