1 CGHC010312832026 2026:CGHC:36598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7615 of 2026 1 - Vijay Kumar Sen S/o Kishan Lal Sen Aged About 33 Years Resident of Village Bhaisa, P.S. Kharora, District Raipur Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station Kharora District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate For Respondent(s)/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 271/2026 registered at Police Station Kharora, District Raipur (Chhattisgarh), for the offences punishable RUCHI YADAV Digitally signed by RUCHI YADAV 2 under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story, in brief, on the date of the incident, while the police were on patrolling duty, they received information from an informant that some unknown persons had kept illicit liquor at a place for the purpose of sale. Acting upon the said information, the police reached the spot and seized 5.940 bulk litres of country-made liquor from an open place. On the basis of the said seizure, a case was registered against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and hence, the present bail application has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that no prima facie case is made out against the applicant and that he had no motive or intention to commit the alleged offence. Learned counsel further submits that the charge-sheet has already been filed, the applicant has been in judicial custody since 10.06.2026 and the trial is likely to take considerable time to conclude. Accordingly, learned counsel prays that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application; however, fairly submits that the charge-sheet has already been filed. It is further submitted that the applicant has one criminal antecedent under the Excise Act. Accordingly, learned State counsel prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 3 6. Considering the facts and circumstances of the case, particularly the nature of the allegation, the quantity of liquor allegedly seized, the fact that the charge-sheet has already been filed, the applicant has been in custody since 10.06.2026 and the trial is likely to take some time to conclude and without commenting on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. 7. Accordingly, the bail application is allowed. Let the Applicant –Vijay Kumar Sen involved in Crime No. 271/2026 registered at Police Station Kharora, District Raipur (Chhattisgarh), for the offences punishable under Section 34(2) of the Chhattisgarh 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 applicant is 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 him in accordance with law. 8. 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Ruchi