1 CGHC010311582026 2026:CGHC:39659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7411 of 2026 Satyaprakash Diwakar @ Kattappa S/o Shri Mitthulal Diwakar, Aged About 29 Years R/o Ward No. 12, Pamgarh, P. S. - Pamgarh, Distt. Janjgir - Champa (C.G.). ... Applicant versus State Of Chhattisgarh District Magistrate, Janjgir, Through Police Station - Pamgarh, Distt. Janjgir - Champa (C.G.) (Also Mentioned In Impugned Order As State Of Chhattisgarh Through P. S. Pamgarh, Distt. Janjgir - Champa (C.G.) ... Non-Applicant For Applicant : Mr. Khilendra Sahu, Advocate For Non-Applicant : Mr. Aakash Agrawal, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.293/2026, registered at Police Station Pamgarh, District – Janjgir-Champa for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station Pamgarh, District – Janjgir, received an information from the informant and on the basis of the said information conducted a raid and seized 9 liter country made liquor (Hathbhatthi Kacchi Mahua) from the possession of the applicant, thereafter, Police Digitally signed by NADIM MOHLE 2 has registered an aforesaid offence against the present applicant. 3. Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in this case. He would further submit that the present applicant has three criminal antecedents; one under Section 34(2) of the C.G. Excise Act, which is pending consideration, and two other cases under Sections 294, 506 Part-II, and 323 of the IPC, in which he has already been acquitted. He would also submit that the applicant is in jail since 14.07.2026, the charge-sheet has been filed, and the conclusion of the trial is likely to take some time; therefore, he prays for the grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel would oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. He would further submit that 9 liters of country-made liquor (Hathbhatthi Kacchi Mahua) was seized from the possession of the present applicant, therefore, he is not entitled to the grant of regular bail. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has been acquitted in two criminal cases and only one is pending consideration, copies of which have been annexed to the present bail application; and also considering the fact that the charge-sheet has been filed, the applicant is in jail since 14.07.2026, and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. Accordingly, the bail application is allowed. 7. Let applicant, Satyaprakash Diwakar @ Kattappa, involved in Crime No. 293/2026, registered at Police Station Pamgarh, District – Janjgir-Champa for the offence punishable under Section 34 (2) of the CG Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Rakesh Mohan Pandey Judge Nadim