1 CGHC010285972026 2026:CGHC:37879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6719 of 2026 Rahul Bharti S/o Mayaram Bharti Aged About 21 Years R/o Village Sinodha P.S. Hathbandh Distt. Balodabazar-Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Suhela, District Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 108/2026, registered at Police Station – Suhela, District – Baloda Bazar - Bhatapara, (C.G.) for the o<ence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, the police sta< received secret information that near Roshni Dhaba at Suhela, two persons were carrying illegal liquor on a motorcycle bearing registration No. CG-22-AE-6129 for the purpose of selling the same. Upon stopping the motorcycle, one of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.25 11:04:22 +0530 2 persons disclosed his name as Deepak Banjare, who was sitting as a pillion rider. Upon conducting a search, the police seized a total quantity of 42.300 bulk litres of country-made liquor from the possession of the accused person. After due investigation, the police Aled the charge-sheet and registered an o<ence against the accused under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no criminal antecedents under the Excise Act. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 18.06.2026 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been Aled before the competent Court. He further submits that the present applicant has two criminal antecedents under the BNS and, therefore, he is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents under the Excise Act and also considering the fact that the charge-sheet has been Aled and he is in jail since 18.06.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Rahul Bharti, involved in Crime No. 108/2026, registered at Police Station – Suhela, District – Baloda Bazar - Bhatapara, (C.G.) for 3 the o<ence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall Ale an undertaking to the e<ect that he shall not seek any adjournment on the dates Axed 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 Axed, either personally or through his counsel. In case of his absence, without suDcient 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 Axed 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 Axed 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 suDcient cause, then it shall be open for the trial court to 4 treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. ODce is directed to provide a certiAed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek