1 2026:CGHC:8105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1607 of 2026 Rajesh Khutel S/o Shri Narayan Khutel Aged About 24 Years R/o Village Murmunda, Police Station - Nandini, Distt. - Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Berla, District - Bemetara Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Ms. Sakshi Singh Thakur, Advocate. For Non-applicant/State :Mr. Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.13 19:43:31 +0530 2 connection with Crime No.334/2025 registered at Police Station Berla, District Bemetara (C.G.), for the offence under Section 34(2) of Excise Act. 2. As per the prosecution case, on 23.11.2025, while on patrol duty, the police received information that two persons were illegally transporting liquor on a numberless Hero Splendor Plus motorcycle from Ahiwara towards Berla village, Chandibatha, Mudpar. Acting upon the information, a white sack containing 96 pouches of country-made Masala Sholay liquor, each of 180 ml and totaling 17.280 bulk liters, was allegedly recovered. The Applicant along with a co-accused juvenile was arrested on the same day, i.e., 23.11.2025 and after completion of investigation, the charge-sheet was filed. Based on these allegations, offence as mentioned above was registered against the Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case, who is in jail since 23.11.2025. She further submits that the liquor is stated to have been seized from an open place and not from the conscious or exclusive possession of the Applicant. It is further submitted that no recovery has been effected from the Applicant, the alleged seizure is doubtful and suffers from material procedural irregularities and there is 3 no evidence on record to establish that the Applicant was in possession of, or in any manner connected with the said liquor. The prosecution has also failed to collect any material to show that the seized liquor belonged to the Applicant, particularly when the seizure is alleged to have been made from an open place. Moreover, no proper measurement of the liquor was conducted and it has been arbitrarily mentioned as 17.280 bulk liters and the seizure memo is stated to have been prepared in the presence of interested or pocket witnesses, thereby rendering the prosecution case doubtful. She lastly submits that charge-sheet has been filed and conclusion of trial is likely to take quite some time, therefore, the Applicant may be released on bail. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that the allegations against the Applicant are serious in nature and prima facie supported by the material collected during investigation. It is further submitted that the Applicant has one criminal antecedent relating to an excise offence, which shows his involvement in similar activities. Considering the gravity of the offence and the material available on record, the Applicant is not entitled to the benefit of bail, and therefore the application may be rejected. 4 5. Considering the facts and circumstances of the case, the nature of the allegations and the material available on record, further considering that the liquor is stated to have been seized from an open place and not from the conscious or exclusive possession of the Applicant, charge-sheet has been filed and he is in jail since 23.11.2025, without further commenting anything on merits of the case, this Court is inclined to allow this bail application. Accordingly, the bail application is allowed. 6. Accordingly, the bail application is allowed. 6. Let Applicant- Rajesh Khutel involved in Crime No.334/2025 registered at Police Station Berla, District Bemetara (C.G.), for the offence under Section 34(2) 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 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. 5 (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. 7. 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 Priya