1 CGHC010255462026 2026:CGHC:38673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6475 of 2026 Vinod Nirmalkar S/o- Runguram Nirmalkar, Aged About 40 Years R/o- Village- Jhaara, Police Station- Khallari, Tahsil- Bagbahra, District- Mahasamund (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Patewa, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Rahul Singh, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 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. 109/2026, registered at Police Station - Patewa, District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Excise Act. 2. The prosecution case, in brief, is that on 14.06.2024, acting upon VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.01 16:07:02 +0530 2 secret information that the applicant is illegally transporting country- made liquor from Patewa to Patai Jhara. The police party intercepted the applicant under the jurisdiction of Patewa Police and found 100 quarter bottles of country-made plain liquor total quantity 18 litres along with one motorcycle were recovered from the possession of the applicant. As the applicant allegedly failed to produce any valid licence or authorization for possession and transportation of the said liquor, the police registered the present offence under Section 34(2) of the Chhattisgarh Excise Act and arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the prosecution has not collected any cogent or reliable material connecting the applicant with the alleged offence and has also failed to follow the mandatory procedure prescribed under the Excise Act. Learned counsel further submits that the applicant was apprehended by the police while he was proceeding to his in-laws’ house and was thereafter falsely implicated in the present crime. It is further submitted that the applicant earns his livelihood by working as a daily-wage labourer and is responsible for maintaining his aged and ailing parents, and due to his continued incarceration, his family is facing serious financial hardship. On these grounds, learned counsel prays that the applicant may kindly be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- 3 diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 14.06.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Vinod Nirmalkar, involved in Crime No. 109/2026, registered at Police Station - Patewa, District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the 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 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. (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, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav