1 2026:CGHC:16119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3133 of 2026 Lokesh @ Lucky Ahuja S/o. Ramesh Ahuja Aged About 30 Years R/o.- Munshi Ismail Ward Bhatapara, Police Station Bhatapara (City), District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through-The Police Station Bhatapara (Gramin), District- Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Ms. Deblina Maity, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.04.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 25/2026 registered at Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chattisgarh Excise Act and Section 111 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, on 09.01.2026, secret information was received from an informer that one Amar Yadu was illegally selling “Deshi Masala Romiyo” (illicit spiced country liquor) from his house in ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.09 12:15:58 +0530 2 Village Terenga, where the liquor was kept concealed in a brown bag. Upon search, the accused failed to produce any valid license despite notice, leading to seizure of the contraband. A memorandum statement of the accused was recorded, wherein he admitted possession and sale of the illicit liquor, and he was accordingly arrested. He further disclosed that he was operating in Gram Gurph. Subsequently, co-accused Nitesh Ratre was traced and arrested, and 50 “paav” (approximately 9 bulk liters in 180 ml pouches, valued at Rs. 5,000/-) of similar illicit liquor was recovered from his possession. Samples were duly sealed for chemical analysis. During investigation, the memorandum statement of Nitesh Ratre revealed an organized syndicate allegedly involving several named individuals, including the present applicant Ravi Nishad, Ajay Markamdey, Muntu @ Pramod, Durgesh Gujratiya, and others, for the purpose of manufacturing illicit liquor. The accused persons have been charged with offences under Section 34(2) of the Chhattisgarh Excise Act, and subsequently, Section 111 of BNS was also added in the FIR. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. It is further submitted that under Section 34(2) of the C.G. Excise Act, the minimum punishment is one year and the maximum punishment is three years, and the applicant has been in custody since 29.01.2026. He further submits that although the applicant has six criminal antecedents, out of which one case is under the Excise Act, three cases are under the IPC, and two cases are under the Gambling Act, the applicant has already been acquitted in the cases under the Excise Act and IPC. With regard to the cases under the Gambling Act, the same are pending trial, and an explanation has already been provided in paragraph No. 4(a) of the present bail application. It is further submitted that a co-accused, namely Ravi Kumar 3 Nishad, has already been granted regular bail by this Court in MCRC No. 1967 of 2026 vide order dated 17.03.2026, therefore, the present applicant is also entitled to be granted regular bail on the ground of parity. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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, and further the fact that although the applicant has 06 criminal antecedents, out of which one case is under the Excise Act, three cases are under the IPC, and two cases are under the Gambling Act, the applicant has already been acquitted in the cases under the Excise Act and IPC, and with regard to the cases under the Gambling Act, the same are pending trial and an explanation has already been provided in paragraph No. 4(a) of the present bail application, and further considering that the co- accused, namely Ravi Kumar Nishad, has already been granted regular bail by this Court in MCRC No. 1967 of 2026 vide order dated 17.03.2026, this Court is of the view that the applicant is entitled to be released on bail on the ground of parity. 7. 7. Let the applicant – Lokesh @ Lucky Ahuja, involved in Crime No. 25/2026 registered at Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chattisgarh Excise Act and Section 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court 4 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. 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 Abhishek