1 CGHC010328502026 2026:CGHC:39338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8095 of 2026 1 - Rahul Rohidas S/o Raju Rohidas Aged About 21 Years R/o Village - Atal Awas Kharmora, Police Station - Civil Line Korba Tahsil And District - Korba C.G. ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Civil Line, District - Korba (C.G.) … Non-applicant For Applicant : Shri Chandrikaditya Pandey, Advocate. For State/Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/09/2026 1. The Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.671/2026 NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.09.09 12:09:51 +0530 2 registered at Police Station Civil Line, Korba District Korba (C.G.) for offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of prosecution, in brief, is that on 14.07.2026, on the basis of secret information, the police apprehended applicants/accused Hukum Singh and Rahul Rohidas near Tendu Leaf Warehouse, Kosabadi, while allegedly possessing illicit Mahua liquor for sale. In the presence of independent witnesses, 13 litres of illicit liquor valued at Rs.1,500/- was allegedly recovered from Hukum Singh and 12 litres valued at Rs.1,200/- from Rahul Rohidas, totaling 25 litres valued at Rs.2,500/-. Both applicants failed to produce any valid document in support of possession. The liquor was seized and the applicants were arrested. 3. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the instant case.It is submitted that 12 litres of liquor is alleged to have been seized from the possession of the applicant. The applicant has no criminal antecedents, he is in custody since 15.07.2026. Offence is triable by Judicial Magistrate First Class, charge-sheet has been filed, trial may take some time and therefore, he may be released on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that seizure of handmade liquor is from the applicant. However, upon putting query, he fairly submitted that in the case diary, there is no mention of any other criminal antecedent against the applicant and has not disputed the fact that charge-sheet has been filed. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 3 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, particularly the alleged seizure of 12 litres of liquor, the period of custody since 15.07.2026, charge-sheet is filed, and the applicant having no criminal antecedents, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. 4 (d) 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Nikita