1 CGHC010288582026 2026:CGHC:38399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6767 of 2026 Balram Dangi S/o Late Diwan Singh Dangi, Aged About 52 Years Resident Of Kirshna Niwash Apartment Flat No. 301 Koradi Road, (Maharashtra) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Manpur, District Mohla-Manpur - Ambagarh Chowki (C.G.) ... Non-Applicant For Applicant : Shri Aditya Bhardwaj, Advocate. For Non-Applicant : Miss Samiksha Gupta,PL. 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.37/2026 registered at Police Station Manpur, District Mohla- Manpur-Ambagarh Chowki (C.G.) for the offence under Section 34 (2) & 59-A of the CG Excise Act and under Section 3(5) of the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.01 10:45:59 +0530 2 BNS. 2. The prosecution case, in brief, is that the applicant was transporting a large consignment of Royal Stag, Goa Whisky, Kingfisher can beer and Powerful can beer, loaded from Multai Tehsil, District Betul (Madhya Pradesh), in vehicle bearing registration No.CG-15-DZ-4515 (Ashok Leyland), via Devri, Chichola, Rajnandgaon, Dongargaon, Ambagarh Chowki, Mohla, Manpur, and onward via Aundhi towards the Maharashtra border, without any valid permit or documents. The said vehicle and its contents were intercepted and seized before witnesses. On search, the following quantity of liquor was allegedly recovered from the possession of the applicant: Royal Stag English Whisky 98 boxes and 32 pouches; Goa Whisky 397 boxes and 18 pouches; Strong Can Beer 95 boxes and 17 cans; Kingfisher Strong Can Beer 199 boxes and 21 cans; aggregating to 79,75,720 ml, valued at approximately ₹50,89,125/-. Consequently, Crime No. 37/2026 was registered at Police Station Manpur under Sections 34(2), 59-A of the Chhattisgarh Excise Act, 1915 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the matter is presently under investigation. 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. Section 59-A of the Chhattisgarh Excise Act, 1915 restricts the entertaining of applications for anticipatory bail in respect of 3 offences under Section 34(1)(a)/(b) where the quantity of liquor exceeds five bulk litres; the present application is one for regular/post-arrest bail under Section 483 BNSS, to which the restriction under Section 59-A has no application, and the impugned order does not record any statutory bar to the grant of regular bail. The seizure, if any, already stands effected and documented by the prosecution, and the entire case property is in official custody; nothing further remains to be recovered from the applicant, rendering his continued custodial detention unnecessary for the purposes of investigation. The investigation is stated to be underway and the chargesheet is yet to be filed; the trial, once it commences, is expected to be protracted, during which period the applicant cannot be made to suffer incarceration as an under trial. The offence alleged against the applicant is an economic/excise offence not involving any allegation of violence or threat to life. Mere gravity or quantum of the seized article cannot, by itself and without more, be a ground to deny bail once the seizure has already been effected and documented, and the applicant is not shown to be a habitual offender. The applicant does not have any criminal antecedent. The applicant is in jail since 7.6.2026. 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 one criminal antecedent under the Arms Act, and 4 the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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 only one criminal antecedent under the Arms Act, the applicant is in jail since 7.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 7. Let the Applicant – Balram Dangi, involved in Crime No.37/2026 registered at Police Station Manpur, District Mohla-Manpur- Ambagarh Chowki (C.G.) for the offence under Section 34 (2) & 59-A of the CG Excise Act and under Section 3(5) of the BNS, 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 5 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 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. 6 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of 6 months from the date of receipt of a certified copy 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. - Sd/- (Ramesh Sinha) Chief Justice Barve