1 2026:CGHC:16191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1064 of 2026 Dujram Yadav S/o Shri Pusau Ram Yadav Aged About 36 Years R/o Village Kadar, P.S. Chakarbhata, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Chakarbhata, District Bilaspur Chhattisgarh ... Respondent(s) For Applicant : Mr. Vishambhar Prasad Kaushik, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 24/2026, registered at Police Station- Chakarbhata, District- Bilaspur (CG) for the MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 15:39:59 +0530 2 offence punishable under Section 34(2) of C.G. Excise Act. 2. As per the prosecution case, on 09.01.2026, on the basis of a secret information received during patrolling, the police party reached Village Kadar and conducted search at the house of the applicant. Due to urgency, the search was conducted without a warrant. Upon search, 25 litres of country-made mahua liquor was allegedly recovered from the possession of the applicant, kept in plastic containers of different capacities. The said liquor was seized on the spot in the presence of witnesses and the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no illicit liquor was recovered from his conscious possession and he has been implicated merely on the basis of suspicion. It is further submitted that the applicant has no criminal antecedents and no other case has ever been registered or decided against him. The applicant is a 36-year-old labourer and the sole breadwinner of his family, having small children dependent upon him. It is also submitted that the applicant is in judicial custody since 09.01.2026 and the trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the locality and there is no likelihood of his absconding. He undertakes to abide by all the conditions imposed by this Court. On these grounds, prayer for grant of bail has been made. 4. Per contra, learned State counsel opposes the bail application 3 and submits that the seized quantity of liquor is significant and indicates that the same was meant for commercial purpose. It is further submitted that there is a possibility that the applicant may again indulge in similar illegal activities and may influence prosecution witnesses if released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From the perusal of the case diary, it appears that 25 litres of country-made mahua liquor has been seized from the possession of the applicant. The seizure has been effected during search conducted at the house of the applicant on the basis of secret information. The quantity of liquor seized, though not insignificant, is comparatively lesser than large commercial quantities, and the trial will require appreciation of evidence regarding conscious possession and intention. The case is primarily based on seizure and official witnesses; thus, the possibility of tampering with evidence is limited. 7. Considering the totality of facts and circumstances of the case, the nature of allegations, the period of detention, the filing of the charge-sheet, absence of criminal antecedents, this Court is of the considered view that it is a fit case to extend the benefit of bail to the applicant, without commenting on the merits of the case. 8. Let the Applicant- Dujram Yadav, involved in Crime No. 24/2026, registered at Police Station- Chakarbhata, District- Bilaspur (C.G.) 4 for the aforesaid offences be released on bail on their furnishing a personal bond each 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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, 5 under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima