1 CGHC010353482026 2026:CGHC:41015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8430 of 2026 Netram Dahariya S/o Toran Dahariya Aged About 32 Years R/o Indouri, Thana- Piparia, District- Balodabazar-Bhatapara, (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Office, Excise Circle- Palari, District- Baloadabazar-Bhatapara, (C.G.) ... Respondent For Applicant : Ms. Gunjan Rani Agrawal, Advocate For Respondent-State : Mr. Aman Tamrakar, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 21.09.2026 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. 32/2026 registered at Police Station – Excise Circle – Palari, District- Balodabazar - Bhatapara, (C.G.) for offence punishable under Section 34(2), 36 and 38(d) of the Chhattisgarh Excise Act, 1915. 2. Case of prosecution in brief is that, on an information received, the Excise Circle, Palari conducted a search at the residential premises of ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.09.23 11:11:06 +0530 2 co- accused Murli Tandon situated on the Gram Jara-Sandi Road and found two plastic sack containing 190 and 170 quarters of country liquor respectively, hence making a total quantity of 64.8 bulk liters of romeo country liquor. Apart from this several other articles were also found which are used in the preparation of liquor. Subsequently, the articles were confiscated and seized and thereafter, crime was registered against the present applicant and co-accused Murli Tandon. They were arrested on 10.06.2026. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged. She further submits that there is no seizure of the receipt of 64.08 bulk liters of country made liquor from the conscious and exclusive possession of the applicant. She also submits that there is no criminal antecedents against the present applicant. Applicant is in jail since 10.06.2026. Charge-sheet has already been filed. She lastly submits that co-accused namely Murli Tandon has been extended bail by this Court in MCRC No. 6599 of 2026 vide order dated 18.08.2026. 4. Learned counsel for State opposes the submission made by learned counsel for the applicant, however, he do not dispute the submission made by learned counsel for the applicant with regard to granting regular bail to the co-accused namely Murli Tandon in MCRC No. 6599 of 2026 vide order dated 18.08.2026. 5. Upon putting query to the learned counsel for the State, as to whether there is any criminal antecedent registered against the present applicant, to which he submitted that there is no criminal antecedent against the applicant. 3 6. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 7. Taking into consideration the facts and circumstances of the case, nature of allegations, submission made by learned counsel for the respective parties and also considering the fact that the co-accused has been extended regular bail from this Court, without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail. 8. 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 the 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. (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. 4 (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. 9. 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/- (Parth Prateem Sahu) Alfiza JUDGE