1 2026:CGHC:18722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2497 of 2026 Ashok Das Manikpuri S/o Salik Manikpuri Aged About 38 Years R/o Village Rudri PS- Rudri, District - Dhamtari, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer of Police Station Rudri, District - Dhamtari, Chhattisgarh. ... Non-applicant For Applicant : Mr. Hariom Rai, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 11/2026, registered at Police Station Rudri, District – Dhamtari (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the present applicant was caught in illegal possession of 6.120 bulk litres of country-made liquor for the purpose of selling the aforesaid contraband. On the basis of the above-mentioned facts, an offence under Section 34(2) of the C.G. Excise Act has been registered against the present applicant in ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.24 10:59:11 +0530 2 connection with Crime No. 11/2026 at Police Station Rudri, District Dhamtari (Chhattisgarh). 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that though the applicant has 10 criminal antecedents under the Excise Act, IPC, and Gambling Act, all of them have already been disposed of. An explanation in this regard has already been provided in paragraph No. 4(a) of the present bail application. He further submits that under Section 34(2) of the Excise Act, the minimum punishment is one year and the maximum punishment is three years, and the applicant has been in custody since 28.02.2026. The trial is likely to take some time to conclude. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that, looking to the criminal antecedents of the applicant, the applicant appears to be a habitual offender. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that though the applicant has 10 criminal antecedents under the Excise Act, IPC, and Gambling Act, all of them have already been disposed of, as explained in paragraph No. 4(a) of the present bail application and also considering that the charge-sheet has been filed, the applicant has been in custody since 28.02.2026, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the applicant. 7. Let applicant, Ashok Das Manikpuri, involved in Crime No. 11/2026, 3 registered at Police Station Rudri, District – Dhamtari (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on furnishing 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek