1 2026:CGHC:2288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8965 of 2025 1 - Suman Diwakar S/o Late Darbar Singh Diwakar Aged About 32 Years R/o Village Dabri Police Station And Tehsil Kunda, District- Kabirdham (C.G.) 2 - Ashwan Bhaskar S/o Chhote Lal Bhaskar Aged About 23 Years R/o Village Dabri Police Station And Tehsil Kunda, District- Kabirdham (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Kunda, District- Kabirdham, Chhattisgarh ... Non-applicant For Applicants : Mr. Danish Ahmad Siddiqui, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who were has been arrested in connection with Crime No. 185/2025 registered at Police Station - Kunda District Kabirdham (C.G.), for the offence punishable under VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.15 13:34:50 +0530 2 Sections 34(2) & 59(A) C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 02.10.2025 Head Constable information received by the informant that, two persons on a Red Black Honda shine motorcycle CG 09 JH 8062 were coming from village Kosmatra toward village Dabri carring large quantities of liquor. During the operation two person namely 1. Suman Diwakar and 2. Ashwan Bhaskar both residence of village Dabri upon search in presence of witnesses from 1. Suman Diwakar Possession one brown jute sack containing 200 bottles (180 ml each) of country made plain liquor, totaling 36.00 bulk liters, valued at Rs. 16000/- was seized and from 2. Aswan Bhaskar possession one blue Rajshree bag containing 95 bottles (180 ml each) of country made plain liquor, totaling 17.10 bulk liters valued at Rs.7600/- was seized. Thus a total of 295 bottles (53.10 bulk liters) of plain liquor worth Rs.23,600/-along with one motorcycle valued at Rs. 50000/-were seized. As the accused persons failed to produce any valid documents for possession or transportation of liquor. Therefore, an FIR has been registered under 34(2) & 59A of Chhattisgarh Excise Act at police station Kunda, District (C.G). 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case. They have not acted in the manner alleged, and the seizure memo produced by the police is false and fabricated, prepared with the intent to falsely implicate them. The applicants have been in custody since 02.10.2025, and the charge-sheet in the matter has not yet been filed. The present application arises from FIR dated 02.10.2025, a copy of which is annexed as Annexure A/2. The applicants maintain that they have never committed any alleged offence, and their arrest is motivated by doubt and revenge. Prolonged detention will adversely affect their mental well-being 3 and their families, as one of the applicants is the sole earning member of his family. The allegations against them are entirely baseless, and they seek release on bail, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that eight criminal antecedents are registered against Applicant No. 1, namely Suman Diwakar, out of which three cases are under the Excise Act, whereas one criminal antecedent is registered against Applicant No. 2, namely Ashwan Bhaskar, therefore, they are not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly, that there is 08 criminal antecedent registered against the applicant No. 1, namely, Suman Diwakar and he is a habitual offender, further he has misused the bail granted to him earlier and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant No. 1 - Suman Diwakar, involved in Crime No. 185/2025 registered at Police Station - Kunda District Kabirdham (C.G.), for the offence punishable under Sections 34(2) & 59(A) C.G. Excise Act, is rejected. 8. Whereas one criminal antecedent is registered against Applicant No. 2, 4 namely Ashwan Bhaskar, and the contraband article, i.e., country-made plain liquor, seized is much below the commercial quantity, and the charge-sheet has already been filed, and the applicant has been in jail since 02.10.2025, and considering that the conclusion of the trial may take considerable time, this Court is of the view that Applicant No. 2, namely Ashwan Bhaskar, is entitled to be released on bail in this case. 9. Accordingly, the bail application of the applicant No. 2 - Ashwan Bhaskar involved in involved in Crime No. 185/2025 registered at Police Station - Kunda District Kabirdham (C.G.), for the offence punishable under Sections 34(2) & 59(A) C.G. Excise Act, be released on bail on him furnishing a 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 le an undertaking to the eect that he shall not seek any adjournment on the dates xed 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 xed, either personally or through his counsel. In case of his absence, without su#cient 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 5 xed 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 xed 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 su#cient 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. 10. Office is directed to send a copy of this order to the trial Court concerned for necessary information and compliance within one week from today. - Sd/- (Ramesh Sinha) Chief Justice vaibhav