1 2026:CGHC:11731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 530 of 2026 • Yogesh Ratre S/o Tejram Ratre Aged About 19 Years R/o Ward No. 01, Basna, P.S. Basna, District-Mahasamund C.G. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2026 1. This is 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.528/2025 registered at Police Station-Basna, District - Mahasamund (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the police has received secret information through informant is that the date of incident 22.12.2025 the unknown person has kept illegal liquor in his possession to sell and police has seized 85 litres country made hand liquor from place VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.12 16:55:06 +0530 2 of incident at open place, and he did not produce any document of seized liquor and hence police has registered a case for offence punishable under section 34 (2) of the Excise Act against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He also submits that the applicant is in jail since 22.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing 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. He further submits that the applicant is having one criminal antecedent under the Excise Act and 85 litres of country made liquor has been recovered from the possession of the applicant, as such he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and he is in jail since 22.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Let applicant, Yogesh Ratre, involved in Crime No.528/2025 registered at Police Station-Basna, District - Mahasamund (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh 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. (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. 4 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 vaishali