1 CGHC010301422026 2026:CGHC:37920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7226 of 2026 Jagat Ram Kunjam S/o Sithlu Kunjam, Aged About 63 Years R/o Village Khedepar, Police Chowki Jhoba, P. S. Chhuriya, District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Through Out Post Jhoba Police Station Chhuriya, District Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Shri Aditya Bhardwaj, Advocate. For Non-Applicant : Shri Shailendra Sharma, 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.116/2026 registered at Police Station : OP Jhoba, PS Chhuriya, District Rajnandgaon (C.G.) for the offence under Section 34 (2) of the CG Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 13:35:06 +0530 2 2. The prosecution case, in brief, is that on 19.06.2026, the police received information that liquor was being distilled and kept at the house of the applicant in Village Khedepar. Acting upon the said information, the police party reached the spot and found villagers, including men and women, gathered near a barn (field structure) adjacent to the applicant's house, where country liquor and mahua liquor were kept in plastic sacks and jerry cans. On being questioned, the villagers stated that the liquor had been taken out from the applicant's house and that the applicant had fled from the spot on seeing the police. On search, total 75.230 bulk litres of liquor (comprising country liquor and hand-distilled mahua liquor), valued at approximately Rs.27,115/-, was seized from the spot in the presence of the applicant's wife, Ashwin Bai, who was found at the house. The applicant himself was not present at the spot and nothing was recovered from his personal possession. 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. Admittedly no liquor was recovered from possession of the applicant. The alleged recovery of 75.230 bulk litres was effected from a khalihan (barn) adjoining the applicant's house, which is a joint family structure and not in the exclusive possession of the applicant. The applicant was not present at the spot at the time of the alleged raid and recovery, and the entire recovery was made in the presence of, and from the custody of, his wife Ashwin Bai. 3 The applicant's wife, co-accused Ashwin Bai, has already been granted bail by the trial Court vide order dated 23.06.2026 passed in BA No. 305/2026 in the very same Crime No.116/2026, and the applicant is entitled to parity, the quantity and nature of the alleged recovery being identical against both accused. The applicant has 3 criminal antecedents under the Excise Act, out of which in one case he has already been acquitted and in two cases fine was imposed on the applicant. The applicant is in jail since 30.6.2026. 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 3 criminal antecedents under the Excise Act, out of which in one case he has already been acquitted and in two cases fine was imposed on the applicant, 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 3 criminal antecedents under the Excise Act, out of which in one case he has already been acquitted and in two cases fine was imposed on the applicant, which is mentioned in the bail application, the applicant is in jail since 30.6.2026 and conclusion of trial is likely to take 4 some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let the Applicant – Jagat Ram Kunjam, involved in Crime No.116/2026 registered at Police Station : OP Jhoba, PS Chhuriya, District Rajnandgaon (C.G.) for the offence under Section 34 (2) 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 5 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