1 2026:CGHC:16117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3140 of 2026 Ashwani Kumar S/o Khem Singh Aged About 22 Years R/o Village- Sonardih Thana Pali, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- Excise Circle Dipka District- Korba (C.G.) ... Respondent(s) For Applicant : Mr. Vikas Pandey, Advocate For Respondent(s) : Ms. Ankita Shukla, 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. 293/2026, registered MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 15:37:35 +0530 2 at Police Station- Excise Circle, Dipka, District- Korba (CG) for the offence punishable under Sections 34(1)(d)(£), 34(2), 59(d) of C.G. Excise Act. 2. As per the prosecution case, on 02.02.2026, during patrolling, the Excise Circle Deepka received a secret information regarding illegal manufacture and sale of mahua liquor. Acting upon the said information, the officials reached the house of the applicant situated at Village Sonardih and conducted a test purchase through a decoy customer, wherein 200 ml of mahua liquor was allegedly purchased for Rs. 50/-. Thereafter, on search of the premises, 35.2 litres of mahua liquor was seized from the possession of the applicant. As the applicant failed to produce any valid license or document, the liquor was seized and the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is contended that the applicant is a young person aged about 22 years and has no criminal antecedents. It is further submitted that the applicant is a permanent resident of the locality and there is no likelihood of his absconding. It is also argued that the investigation is at a preliminary stage, however, the applicant has already been in custody and no further custodial interrogation is required. The applicant undertakes to abide by all conditions imposed by this Court and assures that he will not indulge in any such activity in future. 3 4. Per contra, learned Public Prosecutor opposes the bail application and submits that a substantial quantity of liquor has been seized from the possession of the applicant, which indicates commercial activity. It is further submitted that in view of the bar under Section 59(2) of the Chhattisgarh Excise Act, 1915, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. The investigation has been completed and the charge-sheet has already been filed; thus, the custodial interrogation of the applicants is no longer required. The seized liquor has been recovered from the house of the applicant, and the prosecution case is based primarily on seizure and official witnesses; thus, the evidence is largely documentary in nature. The applicant has no previous criminal antecedents and is in judicial custody since 02.02.2026, and the trial, considering the nature of evidence and number of witnesses, is likely to take considerable time for its conclusion. 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- Ashwani Kumar, involved in Crime No. 4 293/2026, registered at Police Station- Excise Circle, Dipka District- Korba (C.G.) for the aforesaid offences be released on bail on their 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 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 5 proceedings against him, in accordance with law, 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