1 CGHC010347732026 2026:CGHC:39391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8292 of 2026 1 - Kishandas Vaishnav S/o Nandkishor, Vaishnav Aged About 55 Years R/o Village Sarekela, Police Station Patewa, Tehsil And District Mahasamund C. G. --- Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Patewa District Mahasamund C. G. ---- Respondents For Applicant : Mr. Kripesh G. Kela, Advocate For Respondent : Ms. Avelin Juneja Gambhir, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 08/09/2026 1. Applicant has filed this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 154 of 2026, registered at Police Station – Patewa, District – Mahasamund (C.G.) for offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2. Brief facts of the prosecution case are that, on 16.08.2026, during patrolling, the police personnel of Police Station Patewa received secret information that a person was carrying illicit liquor on a BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 motorcycle. Acting upon the said information, the applicant was intercepted, and 5.760 litres of liquor was seized from his possession. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in this case. He was intercepted while travelling on a motorcycle, and the seizure of liquor has been shown to have been made from his possession only on the ground that two other criminal antecedents of a similar nature are registered against him. He further submits that, out of two previous criminal antecedents, applicant has already been acquitted in one case, bearing Crime No. 70 of 2024, while the other case pertains to the commission of an offence under Section 34(1) of the Excise Act. Applicant is in jail since 16.08.2026. Charge-sheet in this case has been filed, and the trial is likely to take some time for its conclusion. Therefore, learned counsel prays for grant of bail to the applicant. 4. Learned counsel for the State opposes the submissions of learned counsel for applicant and submits that the applicant is having previous criminal antecedents of like nature. 5. I have heard learned counsel for the parties. 6. Taking into consideration facts and circumstances of case, nature of allegation, submission of learned counsel for respective parties and further that charge-sheet in this case has been filed and applicant is in jail since 16.08.2026, without commenting anything on merits of the case, I am inclined to allow the bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the 3 sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court 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 him counsel. In case of him 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 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. (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. Sd/- (Parth Prateem Sahu) Judge Balram