1 2026:CGHC:17268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1937 of 2026 Vijay Kujur S/o Suleman Kujur Aged About 48 Years R/o Village Dhudhrudand, Police Station Kansabel, District Jashpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Kansabel, District Jashpur Chhattisgarh ... Non-Applicant For Applicant : Mr. Vimlesh Bajpai, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.04.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 122/2026 registered at Police Station - Excise Circle Kansabel, District - Jashpur (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. As per the prosecution case, on 23.01.2026, information was received at the Police Station from an informant that the applicant was keeping liquor at his residential house. Acting upon the said information, a raid was conducted, and 35 liters of country-made liquor were allegedly recovered from the applicant’s house. On the basis of the said raid, an offence under PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.16 11:38:51 +0530 2 Section 34(2) of the Excise Act was registered against the applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the alleged liquor was not found in the exclusive possession of the applicant. It is also submitted that the applicant has one previous criminal antecedent under the IPC, in which he has been acquitted, and the same has been explained in paragraph No. 4(a) of this bail application. He further submits that the charge-sheet has already been filed in the present case and that the applicant has been in jail since 23.01.2026. It is also argued 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 that the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She further submits that the charge-sheet has been filed. She further submitted that the criminal antecedents of the applicant has been explained in paragraph No. 4(a) of this bail application. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has one previous criminal antecedent under the IPC in which he has been acquitted, and further considering that the charge-sheet has been filed and the applicant has been in custody since 23.01.2026, and that the conclusion of the trial is likely to take some time, 3 this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Vijay Kujur, involved in Crime No. 122/2026 registered at Police Station - Excise Circle Kansabel, District - Jashpur (C.G.), for the offence punishable under Sections 34(2) and 59(A) 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 BNS. (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 BNS. 4 (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 for necessary information and compliance forthwith. - Sd/-- (Ramesh Sinha) Chief Justice Preeti