1 CGHC010343172026 2026:CGHC:39353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8249 of 2026 Anil Sarthi S/o Kanhaiya Sarthi Aged About 27 Years R/o Kharripara, Jawahar Ward Mungeli, Police Station Tehsil And District Mungeli, C. G. ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station City Kotwali Mungeli, District Mungeli, C. G. ... Respondent For Applicant : Shri Chandrikaditya Pandey, Advocate. For Respondent/State : Shri Sharad Mishra, PL. SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 08/09/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2026 registered at Police Station City Kotwali, Mungeli, District Mungeli (C.G.) for the offence punishable under Sections 34(2), 59-A of C.G. Excise Act. 2. Case of the prosecution, in brief, is that, based on secret information Scooty bearing number 28 P 3910 was intercepted and upon search it GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.09.09 18:44:24 +0530 2 revealed that the applicant was transporting illicit country liquor measuring 7.920 bulk litres and applicant was arrested on 06/04/2026. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence as alleged. He submits that investigation is complete, charge sheet has been filed and conclusion of trial may take some time, hence he be enlarged on bail. 4. On the other hand, learned State counsel would oppose the submission of learned counsel for the applicant and he would submit that six other crimes have been registered against the applicant of which, five is of section 36(c) of the Excise Act and one is of Gambling Act. He further submits that the crime earlier registered against the applicant is of the year 2021, 2022 and 2023. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation, period of detention of the applicant since 06/04/2026, further considering the fact that charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, I am inclined to allow this bail application. 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- 3 (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, 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. Sd/- (Parth Prateem Sahu) Judge gouri