1 CGHC010289762026 2026:CGHC:38389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6929 of 2026 Sukhdev Kashyap Son Of Kanhaiya Kashyap, Aged About 27 Years Resident Of Village - Hiragarh (Turi) Police Station Nawagarh, Tehsil - Nawagarh, District Janjgir - Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through District Magistrate Janjgir, District Janjgir - Champa (C.G.) ...Non-applicant For Applicant : Mr. Vivek Singhal, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 31.08.2026 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. 199/2026 registered at Police Station – Nawagarh, District Janjgir - Champa (C.G.), for the offences punishable under Section 34(2) of the Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.01 11:31:09 +0530 2 2. The prosecution case, in brief, is that on 04.07.2026, the police officials of Police Station Nawagarh received information through an informant regarding illegal possession of country-made liquor. Acting upon the said information, the police reached the spot and conducted a search, during which 06 bulk litres of country-made liquor were allegedly recovered from the possession of the present applicant. The seized liquor was taken into police custody in accordance with the prescribed procedure. On the basis of the said recovery, the offence as mentioned above was registered against the present applicant, and he was thereafter arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case and has been made an accused merely on the basis of suspicion. It is further submitted that the applicant has neither committed nor participated in any act constituting the alleged offences and that the evidence collected by the prosecution is not prima facie sufficient to establish her involvement in the aforesaid offences. Learned counsel further submits that a false seizure memo has been prepared by the police with an intention to falsely implicate the applicant in the present case, and the applicant is hopeful of being acquitted of the alleged offences. It is also submitted that the applicant is in jail since 04.07.2026, therefore, the applicant prays that he may kindly be released on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has one previous criminal antecedent. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the period of detention, as the applicant has been in judicial custody since 04.07.2026, the fact that charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Sukhdev Kashyap, involved in Crime No. 199/2026 registered at Police Station – Nawagarh District Janjgir - Champa (C.G.), for the offences punishable under Section 34(2) of the Excise Act, be released on bail on his 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 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 his 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 4 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. 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 Vaibhav