1 2026:CGHC:5058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 977 of 2026 Jaysingh Netam S/o Heeralal Netam Aged About 23 Years R/o Village Amali, Police Station And Tahsil Nagri, District Dhamtari, Chhattisgarh. .. Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Of Excise Circle Nagari, District Dhamtari, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sanjeev Kumar Sahu, Advocate. For Respondent(s) : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 93/2025 registered at Police Station Excise Circle Nagari, District Dhamtari (C.G.) for the offence punishable under Sections 34(2) and 59(क) of Excise Act. 2. Case of the prosecution, in brief, is that on 28.11.2025, officials of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Excise Circle Nagari, District Dhamtari, received secret information that the present applicant was illegally selling liquor concealed in his house. Acting upon the said information, the excise/police party conducted a raid and seized 40 bulk litres of hand-made liquor from the possession of the applicant. Consequently, Police Station Sihawa registered an offence punishable under Sections 34(2) and 59(क) of the Chhattisgarh Excise Act, 1915, and the applicant was arrested in connection with the said offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 40 bulk liters of hand made liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has no criminal antecedent and identically situated co-accused, namely, Dhanraj Netam has already been granted bail by this Court vide order dated 27.01.2026 in MCRC No.889/2026, further the applicant is in jail since 28.11.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has 3 no criminal antecedent. He further submits that 40 bulk liters of the hand made liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the documents appended with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent, he is in jail since 28.11.2025, also considering the fact that identically situated co-accused, namely, Dhanraj Netam has already been granted bail by this Court vide order dated 27.01.2026 in MCRC No.889/2026 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Jaysingh Netam, involved in Crime No. 93/2025 registered at Police Station Excise Circle Nagari, District Dhamtari (C.G.) for the offence punishable under Sections 34(2) and 59(क) of Excise Act, 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 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil