1 2026:CGHC:8042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1537 of 2026 Harish Nirmalkar S/o Shri Kamal Ram Nirmalkar Aged About 21 Years R/o Village- Salikjhitiya, Police Station- Dongargaon, District Rajnandgaon C.G. ... Applicant versus State Of Chhattisgarh Through Police Station- Dongargaon, District Rajnandgaon C.G. ...Non-applicant For Applicant : Ms. Sakshi Singh Thakur, Advocate For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.02.2026 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. 378/2025 registered at Police Station - Dongargaon District – Rajnandgaon (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 on 18.12.2025 secrete VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.13 16:34:44 +0530 2 information received from the informant that one person was selling liquor in largequantities in village Aari, in front of the ground Fertilizer Godown behind Atal Chowk Aari, after a proper search, 40 quarter of country liquor Shole, each containing 180 ml total quantity 07.200 bulk litres kept in a bag were recovered from the accused's possession and case was registered under Section 34 (2) of Chhattisgarh Excise Act, Crime No. 378/2025 against the applicant. 3. Learned counsel for the applicant submits that the applicant is an innocent person in the present case and was not involved in the alleged offence, as the liquor in question was seized from an open place and not from the possession of the applicant. No recovery has been made from the conscious and exclusive possession of the applicant, and the alleged seizure is doubtful and suffers from material procedural irregularities. The applicant has no concern whatsoever with the said liquor, and there is no evidence on record to establish that the applicant was in possession of the liquor or that the same was seized from him. The prosecution agency has also failed to collect any evidence to show that the said liquor belonged to the applicant, particularly when it is alleged to have been seized from a house in an abandoned condition. Further, the prosecution agency did not conduct any proper measurement of the liquor and, without such measurement, arbitrarily mentioned the quantity as 07.200 bulk litres, and at the time of preparing the seizure memo the witnesses were called in a casual manner, which creates serious doubt regarding the genuineness of the seizure proceedings. The alleged offence is not punishable with death or imprisonment for life and is triable by the learned Magistrate; therefore, prolonged incarceration of the applicant 3 is wholly unwarranted. 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 the prosecution 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 by this Hon’ble Court. 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 one criminal antecedent, therefore, he is not entitled to be released on 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 that the applicant has remained in judicial custody since 18.12.2025, 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 – Harish Nirmalkar, involved in Crime No. 378/2025 registered at Police Station - Dongargaon District – Rajnandgaon (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:- 4 (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 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