1 2026:CGHC:18723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2489 of 2026 Manmohan Dansena S/o Shri Chhedilal Dansena Aged About 25 Years R/o Village Chhote Gumda, Thana And Tehsil - Gharghoda, District - Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Gharghoda, Distt. Raigarh Chhattisgarh ... Non-applicant For Applicant : Ms. Sakshi Singh Thakur, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, 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. 71/2026, registered at Police Station Gharghoda, District – Raigarh (C.G.) for the offence punishable under Section 34(2) and 59(a) of the C.G. Excise Act. 2. As per the case of the prosecution, on 27.02.2026, the police of Police Station Gharghoda received secret information from an informer that the applicant, a resident of Village Chhote Gumda, had kept a large quantity of illegal Mahua liquor in a plastic jerrycan in the courtyard of his house and was looking for customers to sell the same. Acting upon the said ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.24 10:59:10 +0530 2 information, a raid was conducted, and an alleged seizure of 51 litres of Mahua liquor was made. The applicant was arrested, and an FIR was registered. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. She further submits that the present applicant has no criminal antecedents. She further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 27.02.2026, the trial is likely to take some time for its conclusion, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that the applicant has 01 criminal antecedent under the Excise Act, which shows that the applicant is a habitual offender, therefore, the applicant is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel 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 criminal antecedent under the Excise Act which is pending trial, and further considering that the charge-sheet has already been filed and the applicant is in custody since 27.02.2026, and that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Manmohan Dansena, involved in Crime No. 71/2026, registered at Police Station Gharghoda, District – Raigarh (C.G.) for the offence punishable under Section 34(2) and 59(a) of the C.G. Excise Act, 3 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed 4 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