1 2026:CGHC:15423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2952 of 2026 • Johan Johnson Minj S/o Shivram Aged About 47 Years R/o Village Gamhariya (Bagicha) Police Station And Tahsil Bagicha, District Jashpur Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Police Station Excise Circle Kansabel, District Jashpur Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Anshul Tiwari, Advocate For Respondent(s) : Dr. Saurabh Kumar Pande, Dy.A.G. with Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.04.2026 1. Today, though the present bail application has been listed for hearing on IA No.01 of 2026, which is application for grant of interim/temporary bail, but with the consent of learned counsel for the parties, the bail application is heard finally. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 143/2026, registered at Police Station – Excise Circle Kansabel, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.02 19:09:26 +0530 2 District – Kansabel (C.G.) for the offence punishable under Section 34(1)(f), 34(2) and 59-A of Chattisgarh Excise Act, 1915. 3. The case of the prosecution is that after receiving a secret information, the police officers raided the house of the present applicant and seized 39 liters of country made liquor (Mahua liquor) and 115 kg Mahua Lahan and thereafter, arrested the present applicant in the crime in question. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further contended that there is no criminal antecedents registered against the present applicant. It is further submitted that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 02.03.2026 and trial is likely to take some time for its conclusion. He further contended that the marriage of the applicant’s sister is going to be solemnized on 04.04.2026. A copy of marriage card has been annexed herewith as Annexure-A/2. As such, he prays for grant of bail. 5. On the other hand, learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has not been filed in this case. It is further submitted that a total of 39 liters of country made liquor (Mahua liquor) and 115 kg Mahua Lahan has been seized from the possession of the present applicant and as such, he is not entitled for grant of bail. 6. Today, this Court passed the following order:- 3 “Heard Mr. Anshul Tiwari, learned counsel for the applicant. Also heard Ms. Vaishali Mahilong, Dy.G.A. for Non-applicant/State. In compliance with this Court’s order dated 01.04.2026, it is required to ascertain whether the marriage of the applicant’s sister is to be solemnized on 04.04.2026. It has been submitted that the said marriage is scheduled to take place on the aforesaid date, and a copy of the marriage invitation card has been annexed herewith as Annexure A/2. Learned counsel for the State has produced a copy of the panchnama prepared by the Excise Circle, Kansabel, wherein it has been stated that, in the presence of Naresh Bhagat and Sumitra Bhagat, who are relatives of the applicant, the applicant’s sister stated that no marriage is to solemnized and that no invitation card was produced at the time of preparation of the panchnama. However, learned counsel for the applicant submits that the applicant’s sister had, in fact, stated about the proposed marriage, and that incorrect information has been furnished before this Court by the Excise Inspector, concerned Excise Circle. In view of the aforesaid, the Superintendent of Police, Jashpur (C.G.), is directed to inform this Court by 04:00 p.m. today itself regarding the factual position as to whether the marriage of the applicant’s sister is going to be solemnized on 04.04.2026 or not. Learned State counsel is directed to take the said information from the concerned Superintendent of Police. Let this matter be taken again at 4:00 p.m. by today itself.” 7. Later on, in compliance with the Court's order passed earlier, the concerned Superintendent of Police has verified the fact regarding the marriage of the applicant's sister from the people of the concerned village and Panchnama of the concerned Excise Circle produced by the learned State Counsel is taken on record. 8. I have heard learned counsel for the parties and perused all of the documents available on record. 4 9. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, the fact that there is no any criminal antecedents registered against the present applicant, also considering the fact that marriage of the applicant’s sister is going to be solemnized on 04.04.2026 which has been verified by he concerned Superintendent of Police, he is in jail since 02.03.2026, charge-sheet has not been filed in the present case and conclusion of the trial is likely to take some time, I am inclined to allow this application. 10. 10. Let applicant, Johan Johnson Minj, involved in Crime No.143/2026, registered at Police Station – Excise Circle Kansabel, District – Kansabel (C.G.) for the offence punishable under Section 34(1)(f), 34(2) and 59-A of Chattisgarh Excise Act, 1915, be released on bail on his furnishing a 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 5 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 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. 11. In view of above, IA No. 01 of 2026 stands disposed of. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 13. Certified Copy today. Sd/- (Ramesh Sinha) Chief Justice Vaishali