1 2026:CGHC:16709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2050 of 2026 Hirendra Yadav S/o Hemlal Yadav Aged About 22 Years R/o Village Vikrampur, P.S. Chuikhadan, Distt. Khairagarh Chuikhadan Gandai, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Chuikhadan, Distt. Khairagarh Chuikhadan Gandai, Chhattisgarh. ... Respondent( For Applicant : Mr. Abhishek Sharma, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/04/2026 1. The applicant has preferred this First Bail Application under MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 17:50:43 +0530 2 Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 13/2026, registered at Police Station- Chuikhadan, District- Khairagarh-Chuikhadan- Gandai (CG) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The prosecution case, in brief, is that on 16.01.2026, on the basis of secret information, the police intercepted a motorcycle near Village Budhanbhat carrying two persons, namely co-accused Hirendra Yadav and the present applicant Khilesh Yadav. Upon search, approximately 50 bulk liters of illicit Mahua liquor was allegedly recovered from their possession, which was being transported for the purpose of sale. As no valid documents were produced, the liquor was seized and offence was registered. After completion of investigation, charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is argued that initially the applicant was released on notice under the provisions of law and was not arrested during investigation, which itself shows that custodial interrogation was not required. It is further submitted that the applicant has no criminal antecedents and is a permanent resident of the locality. The applicant is in judicial custody since 16.01.2026 and the trial is likely to take considerable time for its conclusion. He is ready to abide by all conditions imposed by this Court. 4. Learned counsel for the State opposes the bail application and 3 submits that a large quantity i.e., 50 bulk liters of illicit liquor has been seized from the possession of the applicant and co-accused. It is contended that in view of Section 59-A of the Chhattisgarh Excise Act, bail cannot be granted unless the Court is satisfied that the applicant is not guilty and will not commit such offence again. 5. I have heard learned counsel for the parties and perused the case diary. 6. It is not disputed that the applicant was not arrested during investigation and was initially released on notice, which indicates that custodial interrogation was not considered necessary by the investigating agency. The charge-sheet has already been filed and the case is now pending for trial. So far as the quantity of seized liquor is concerned, the same is a matter of evidence to be tested during trial. At this stage, there is no material to conclusively establish the exclusive conscious possession of the applicant, particularly when he was not apprehended alone and the role attributed is common in nature. The applicant does not have any criminal antecedents. There is no material on record to show that he is likely to abscond or tamper with prosecution evidence. The trial is likely to take considerable time. 7. Considering the totality of facts and circumstances of the case, the nature of allegations, the period of detention, this Court is of the considered view that it is a fit case to extend the benefit of bail 4 to the applicant, without commenting on the merits of the case. 8. Let the Applicant- Hirendra Yadav, involved in Crime No. 13/2026, registered at Police Station- Chuikhadan, District Khairagarh-Chuikhadan-Gandai (C.G.) for the aforesaid offences be released on bail on their furnishing a personal bond each 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 5 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 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