1 CGHC010287562026 2026:CGHC:39678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6773 of 2026 1 - Ganesh Ram Tandon S/o Banshiram Tandon Aged About 49 Years R/o Village Pachpedi, Police Station And Tahsil Sarangarh, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Excise Officer, District Level Flying Squad District- Sarangarh- Bilaigarh (C.G.) --- Non-applicants) For Applicant : Mr. Amit Singh Chouhan, Advocate For Non-applicant : Mr. Afroz Khan, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 10.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, he has been arrested in connection with Crime No. (B.A.No.234/2026) registered at Police Station, District level Flying Squad, District Sarangarh-Bilaigarh (C.G.) for the offence under Section 34(1)(A), 34(2) & 59(A) of the Chhattisgarh Excise Act. REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.09.11 09:40:25 +0530 2 2) The case of the prosecution, in brief, is that on 09.07.2026, the Excise Officer, District Level Flying Squad, District Sarangarh-Bilaigarh, on the basis of information received, seized 50 litres of Mahua liquor and 240 kg. of Mahua from the possession of the applicant. Thereafter, the police registered the FIR against the applicant and arrested him. Consequently, the present bail application has been preferred by the applicant. 3) Learned counsel for the applicant would submit that, in the present case, the charge-sheet has been filed and the applicant is in jail since 09.07.2026. He would pray for grant of bail to the present applicant. 4) On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. He would submit that there are two criminal antecedents against the applicant, one registered under Sections 107 and 116 of the Cr.P.C. and another being Ishtgasha No.252 of 2025. He would contend that, looking to the quantity of liquor seized, the applicant is not entitled to be released on bail. 5) I have heard learned counsel for the parties and perused the case diary. 6) Having considered the quantity of liquor seized, the fact that the charge-sheet has been filed, and the fact that the applicant is in jail since 09.07.2026, and further considering that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant deserves to be released on bail in the present case. 3 7) Let the Applicant – Ganesh Ram Tandon 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 4 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/- (Rakesh Mohan Pandey) JUDGE Rekha