1 2026:CGHC:13245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1874 of 2026 Kewal Singh Halba S/o Late Punitram Kulriya Aged About 40 Years R/o Konde Power House, Dallirajhara, Thana - Dallirajhara, Distt.- Balod (C.G.) (Add. Wrongly Mentioned In Order Sheet) ... Applicant versus State Of Chhattisgarh Through Sho, Thana - Rajhara, Distt.- Balod (C.G.) ...Non-applicant For Applicant : Mr. Samir Singh, Advocate For Non-Applicant/State : Ms. Smriti Shrivastva, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 19.03.2026 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. 07/2026 registered at Police Station - Rajhara, District.- Balod (C.G.), for the offences punishable under Section 34(2) of the Excise Act. 2. The prosecution story, in brief, is that on 10.01.2026, officers of Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.20 13:25:40 +0530 2 has received the secrete information from the informant with the averment that the applicant kept the liquor for the purpose of selling so the police officers have made the search and alleged to be seized about 6.3 bulk liter country made liquor therefore, arrested the present applicant. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this offence. It is further submitted that in the alleged offence; rather, he has been arrested merely on the basis of suspicion. It is submitted that the applicant has no concern with the liquor allegedly seized, as the same was recovered from an open place and there is no evidence on record to establish his exclusive possession over the said liquor. It is further submitted that the seizure has been made from an open place without establishing conscious and exclusive possession, yet an offence under the Chhattisgarh Excise Act has been registered against the applicant merely on conjectures. It is also contended that the prosecution has not conducted any proper measurement of the seized liquor, which creates serious doubt regarding the case of the prosecution. It is further submitted that the alleged offence is triable by the learned Judicial Magistrate First Class and the trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with prosecution evidence or influencing witnesses. The applicant is ready and willing to furnish bail bonds and surety to the satisfaction of this Hon’ble Court and undertakes to abide by all the terms and conditions that may be imposed; therefore, he is entitled to be released on bail. 3 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 further submits that the applicant has nine criminal antecedents; therefore, he is not entitled to the grant of bail. 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 and that the applicant has remained in judicial custody since 11.01.2026, 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 – Kewal Singh Halba, involved in Crime No. 07/2026 registered at Police Station - Rajhara, District.- Balod (C.G.), for the offences punishable under Section 34(2) of the 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 4 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. 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