1 2026:CGHC:15853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3081 of 2026 Raju Sahu S/o Dilip Sahu Aged About 23 Years R/o Nayaganj Ward, Bhatapara, Police Station Bhatapara City, District Balodabazar-Bhatapara Chhattisgarh ... Applicant versus State Of Chhattisgarh Through SHO, PS Bhatapara City, District Balodabazar Bhatapara Chhattisgarh ...Non-applicant For Applicant : Mr. Vikhyat Arora and Mr. Ankur Diwan, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 07.04.2026 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. 08/2026 registered at Police Station – Bhatapara City District Balodabazar - Bhatapara (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.07 16:46:09 +0530 2 2. Case of the prosecution, in brief, is that on 08.01.2026, during patrolling, the police officials intercepted the applicant Raju Sahu and seized 32 quarter of country made liquor in total 5.760 bulk litres from the possession of the applicant and hence the applicant was arrested on 08.01.2026 and an FIR was registered against the applicant in Crime No. 08/2026, Police Station Bhatapara City for alleged offence under Section 34 (2) of CG Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that none of the essential ingredients of the alleged offence are made out against the applicant and the entire prosecution case is baseless and frivolous. The applicant is a law-abiding citizen and there is no possibility of his tampering with the evidence or threatening the prosecution witnesses. The applicant is a permanent resident of the address mentioned in the application and cause title, and therefore, there is no likelihood of his absconding if released on bail. The applicant is also ready and willing to abide by any terms and conditions that may be imposed by this Hon’ble Court. It is further submitted that the charge-sheet has already been filed and the trial is likely to take considerable time to conclude. The applicant is in judicial custody since 08.01.2026, therefore, he prays for grant of regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has seven previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in judicial custody since 08.01.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Raju Sahu, involved in Crime No.08/2026 registered at Police Station – Bhatapara City District Balodabazar - Bhatapara (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act, be released on bail on his furnishing personal bond with two local 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 his 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 4 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/- (Ramesh Sinha) Chief Justice Vaibhav