1 CGHC010315042026 2026:CGHC:42121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7776 of 2026  Harishankar Kashyap S/o Late Premchand Kashyap Aged About 54 Years R/o Village Katnai, P.S. Akaltara, District- Janjgir- Champa (C.G.) ... Applicant versus  State Of Chhattisgarh Through Excise Circle Akaltara, District- Janjgir- Champa (C.G.) ... Non-Applicant For Applicant : Mr. Chandra Prakash Lahrey, Advocate For State : Ms. Priya Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.09 .2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 104/2026 registered at Police Station Excise Circle, Akaltara, District Janjgir Champa (C.G.), for the offence punishable under Sections 34(2) and 59(a) of Excise Act. 2. Case of the prosecution, in brief, is that on 28.07.2026, police of Police Station Excise Circle, Akaltara has received a secret information from the informant and on the basis of said information, raid was conducted and seized 6.500 bulk liters of country made liquor from the possession of the present applicant. Thereafter, the aforesaid case was registered against the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.29 14:20:51 +0530 2 present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 6.500 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. He further submits that the applicant is in jail since 28.07.2026, charge-sheet has been filed and trial is likely to take quite long time for its conclusion. With regard to seven criminal antecedents of applicant, it is argued that, all seven cases have been disposed of and no case is pending. He would pray for grant of bail to the present applicant. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant has two criminal antecedents under the Excise Act and total seven criminal antecedents, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the applicant has seven criminal antecedents. Though, two criminal antecedents are under the Excise Act and are of similar nature, they were registered in the year 2011 and 2013, while the remaining antecedents were registered in the year 2006, 2009, 2012, 2013 and 2014 are of preventive nature. All the aforesaid cases have already been disposed of and no case is presently pending against the applicant. Further, the charge-sheet has been 3 filed, the applicant is in jail since 28.07.2026 and looking to the quantity of the liquor i.e. 6.500 liters, I am inclined to allow this bail application. 7. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant