1 2026:CGHC:7657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 252 of 2026 Ashwani Singh Thakur S/o Markam Singh Thakur Aged About 55 Years R/o Paisra Police Station Koni, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Koni, District Bilaspur Chhattisgarh ...Non-applicant For Applicant : Ms. Shreya Jaiswal, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 11.02.2026 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. 507/2025 registered at Police Station - Koni District – Bilaspur (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution story in brief is that on the police received secret 2 information from an informant that on the date of incident i.e. 16.10.2025, an unknown person was illegally possessing liquor for the purpose of sale. Acting upon the said information, the police reached the spot and seized 9.720 bulk litres of plain Deshi Mahua liquor from the place of incident. The person in possession of the liquor failed to produce any valid licence or document in respect of the seized liquor. Consequently, the police registered a case against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has no nexus with the incident alleged by the prosecution. It is submitted that no illicit liquor was seized from the possession of the applicant and the alleged recovery was made from an open place accessible to the general public, yet the applicant has been falsely implicated in the present case. It is further submitted that the concerned police officer has not conducted a proper investigation and the applicant had no knowledge about the alleged seized liquor. There is no prima facie case made out against the applicant and there was neither any motive nor intention on his part to commit the alleged offence. The applicant is a 55-year-old person and is in custody since 16.10.2025, therefore he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has two criminal antecedent, therefore, he is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been filed before the competent Court and that the applicant has remained in judicial custody since 16.10.2025, and as the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Ashwani Singh Thakur, involved in Crime No. 507/2025 registered at Police Station - Koni District – Bilaspur (C.G.), for the offences punishable under Sections 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 of the case, (ii) framing of charge and (iii) recording of 4 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