1 CGHC010304172026 2026:CGHC:39663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7310 of 2026 1 - Santosh Maheshwari S/o Accheram Maheshwari Aged About 41 Years R/o Chuhipali, Police Station- Dabhara, District- Sakti, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Dabhara, District- Sakti, C.G. ... Respondent(s) For Applicant : Shri Chandra Prakash Choubey, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.09.2026 Heard. 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.258/2026, registered at Police Station Dabhra, District – Sakti, Chhattisgarh for the offence punishable under Section 34(2) of the C.G. Excise Act. NIRMALA RAO 2 2) The case of the prosecution, in brief, is that the police of Police Station Dabhra, District Sakti, Chhattisgarh, received information from the informant and, on the basis of the said information, conducted a raid and seized 30 bulk litres of country-made liquor from the possession of the present applicant. Thereafter, the police registered the aforesaid offence against the present applicant. 3) Learned counsel appearing for the State would submit that there are two criminal antecedents against the present applicant. One criminal antecedent was registered against the applicant under Section 34(1) (A) of the Excise Act, in which the applicant was acquitted, whereas another criminal case punishable under Section 4 of the Public Gambling Act, registered in the year 2017, has not been explained by the present applicant. 4. Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that the charge-sheet has been filed and the applicant is in jail since 18.7.2026. He would submit that in one criminal case registered under Section 34(1)(A) of the Chhattisgarh Excise Act, the applicant was acquitted by the learned trial Court. He would further submit that a criminal case under Section 4 of the Public Gambling Act was registered way back in the year 2017. He would pray for allowing the application. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Having considered that only 30 bulk litres of liquor were seized, the charge-sheet has been filed, and in a similar case registered under 3 Section 34(1)(A) of the Excise Act, the applicant has already been acquitted, I am inclined to grant regular bail to the present applicant. 7) Let applicant, Santosh Maheshwari, involved in Crime No.258/2026, registered at Police Station Dabhra, District – Sakti, Chhattisgarh for the offence punishable under Section 34(2) of the C.G. 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:- (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 4 proceed against him in accordance with law. 8) The Office is directed to provide a certified copy of this order to the concerned trial Court for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) Judge Nimmi