1 CGHC010342922026 2026:CGHC:39061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8229 of 2026 Ajay Limbu S/o Mahesh Bahadur Aged About 26 Years R/o Ward No.12 Laldadhipara Mahasamund, P.S. Mahasamund Tehsil And District Mahasamund Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Mahasamund, District Mahasamund Chhattisgarh ... Non-Applicant For Applicant : Mr. Roshan Singh Lamba, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 03.09.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the Applicant who has been SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.05 10:55:43 +0530 2 arrested in connection with Crime No.340/2026 registered at Police Station Mahasamund, District- Mahasamund, (C.G.) for the offence under Section 34(2) of Excise Act. 2. The prosecution case, in brief, is that on 09.06.2026, Head Constable Harish Kumar Kanwar of Police Station Mahasamund received secret information that a person was illegally selling liquor near the canal at Bhalsar Road, in the vicinity of Shitli Nalah Liquor Shop, Mahasamund, pursuant to which a raiding team was constituted and the accused was apprehended at the spot and upon search, a small white- coloured plastic bag containing 42 bottles of country-made liquor, each of 180 ml, totalling 7,560 ml, was seized from his possession, resulting in registration of the alleged offence. Hence, the present bail application. 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 no contraband has been seized from the exclusive possession of the Applicant and as per the charge-sheet, 7,560 ml of country-made liquor has allegedly been recovered from him, which is only slightly above the prescribed small quantity. It is further submitted that out of 10 witnesses, only has been examined, the Applicant is of tender age, has no connection with the alleged crime and has been 3 falsely implicated due to malicious action on the part of the police, which requires proper investigation. It is lastly submitted that Applicant is in jail since 10.06.2026, the charge-sheet has already been filed and the trial is likely to take considerable time for its conclusion, therefore, the Applicant may be released on bail. 4. Learned Counsel for the State opposes the bail application and submits that the charge-sheet has already been filed. It is further submitted that the Applicant has three previous criminal antecedents, out of which, in one crime under Section 36(C) of the Excise Act, the Applicant has been convicted and the fine amount has been paid, in another crime under Section 34(2) of the Excise Act, the Applicant has been acquitted, while another crime under Section 34(2) of the Excise Act is pending against him. 5. I have heard learned counsel appearing for the parties and perused the case diary carefully. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the quantity of liquor allegedly seized, the fact that the Applicant is in custody since 10.06.2026, the charge-sheet has already been filed and out of 10 4 prosecution witnesses only one witness has so far been examined, the trial is likely to take considerable time for its conclusion and without further commenting anything upon the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. 7. Accordingly, the bail application of the Applicant is allowed and it is directed that he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Court subject to the following conditions :- (i) The applicant/s shall file an undertaking to the effect that he/they 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/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s shall remain present, in person, before the trial court on the dates fixed 5 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/s 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/them 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/- (Ravindra Kumar Agrawal) Judge Priya