1 / 3 CGHC010341232026 2026:CGHC:39551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8381 of 2026 • Khemendra Singh Kashyap S/o Mangluram Kashyap Aged About 30 Years R/o Village- Rajpur, Excise Circle Jagdalpur, District- Bastar (Chhattisgarh) ... Applicant versus • State Of Chhattisgarh Through- Excise Circle Jagdalpur, District- Bastar (Chhattisgarh) ... Non-applicant For Applicant : Mr. Manish Nigam, Advocate For State : Dr. Surendra Dewangan, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/09/2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 27/2026 registered at Police Station – Excise Circle Jagdalpur, District Bastar (C.G.) for offence punishable under Sections 34(1)(a), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act. 2. Case of prosecution in brief is that on 19.07.2026 based on the suspicion police intercepted a Hero Honda Passion Pro motorcycle which was riding by applicant near Gunpur-Madhagaon road, Sarai forest area. Upon inspection, police seized total 14.30 bulk litre of foreign liquor containing in 22 bottles on which ‘exclusively sale in the State of Odisha’ was mentioned. Based on the PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 said seizure, aforementioned crime was registered and applicant was arrested. 3. Learned counsel for applicant submits that the applicant is innocent, he has been falsely implicated in the instant crime. He has been arrested based on suspicion without any independent evidence establishing conscious possession. Charge-sheet is filed. There is no criminal antecedent of applicant. He is jail since 20.07.2026, hence he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and submits that upon intercepting applicant, he was found in possession of illicit liquor on his motorcycle and based on which the crime was registered against him. However, he does not dispute the submission of learned counsel for applicant that there is no criminal record of applicant. 5. I have heard learned counsel for the parties. 6. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, and the fact that charge-sheet has been filed and applicant is in jail since 20.07.2026; offence is triable by Judicial Magistrate First Class, trial may take some time, without commenting anything on merits of the case, I am inclined to allow this 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 sum of ₹ 25,000/- with one surety in 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. 3 / 3 (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) pwn JUDGE