Extracted from the PDF above. The PDF is authoritative.
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CGHC010347232026
2026:CGHC:39555
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8389 of 2026 Titan Kumar Vishwas S/o Durga Prasad Vishwas Aged About 31 Years R/o Lundra, Police Station And Tahsil- Lundra, District- Sarguja (C.G.) ... Applicant
Versus State Of Chhattisgarh Through Excise Circle Ambikapur, District- Sarguja (C.G.) ... Non-Applicant
For Applicant : Mr. Rohan Kumbhare, Advocate For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 09/09/2026
1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 138/2026 registered at Police Station – Excise Circle Ambikapur, District Sarguja Chhattisgarh for the offences punishable under Sections 34(2), 59(a), 34(1) & 38 of the Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.11 14:37:07 +0530
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2. The case of the prosecution, in brief, is that the applicant and co- accused Tetan Kumar Vishwas, who was working at a liquor shop, were allegedly involved in mixing costly liquor with cheaper liquor. Upon receiving information regarding the said activity, the Excise Circle, Ambikapur conducted an inspection and allegedly seized total of 16 litres of liquor. Accordingly, the aforesaid offence was registered against the applicant and the co-accused. The applicant was arrested on 13.08.2026.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that there is no specific allegation against the applicant. He further submits that the applicant has been working at the liquor shop for a long time, he has been in jail since 13.08.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time.
4. Learned State counsel opposes the prayer for grant of bail and submits that, from the material available in the charge-sheet, there is direct involvement of the applicant in the commission of the alleged crime. He further submits that the charge-sheet has already been filed. However, on question posed to him he submitted that the applicant has no criminal antecedents.
5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application.
6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, there is no criminal antecedent against the applicant, charge-sheet is filed, documents enclosed along with
3 the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail.
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. (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
4 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/- Sd/- (Parth Prateem Sahu) Judge vaibhav