1 2026:CGHC:18211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2440 of 2026 Bharat Gond S/o Dwarika Gond Aged About 20 Years R/o Village- Kamrid, Police Station- Pamgarh, District- Janjgir-Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station- Pamgarh, District- Janjgir-Champa, Chhattisgarh ... Non-applicant For Applicant : Mr. Chandra Prakash Lahrey, Advocate For State/ Non-applicant : Ms. Ankita Shukla, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.14/2026, registered at Police Station: Pamgarh, District-Janjgir Champa, Chhattisgarh for ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 15:27:05 +0530 2 the o昀昀ence punishable under Section 34(2) of the Chhattisgarh, Excise Act. 2. The case of the prosecution, in brief, is that on 13.01.2026, the police received information that the present applicant, along with a juvenile, was travelling on a Bajaj Pulsar motorcycle carrying illicit liquor. Acting upon the said information, a trap was laid, however, the applicant allegedly 昀氀ed from the spot. Subsequently, on the basis of the memorandum statement of the co-accused juvenile, the applicant was apprehended and allegedly found in possession of 40 bulk litres of country- made liquor (Mahua). As no satisfactory explanation was furnished regarding such possession, Crime No. 14/2026 was registered against him under Section 34(2) of the Excise Act, and he was arrested on 20.02.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is a young man aged about 20 years, a daily wage earner, and the sole breadwinner of his family, and his continued detention would severely prejudice his future as well as the livelihood of his dependents. It is further submitted that the alleged incident is dated 3 13.01.2026, whereas the applicant was arrested on 20.02.2026, and his implication is solely based on the memorandum statement of a juvenile, without any independent or direct evidence establishing conscious possession. The applicant has no criminal antecedents and undertakes to cooperate with the trial, therefore, he is entitled to be released on bail. 4. Per contra, learned counsel for the State opposes the bail application and submits that the applicant is involved in a serious o昀昀ence under Section 34(2) of the Excise Act, as he was found in possession of 40 bulk litres of illicit country- made liquor. It is contended that the applicant 昀氀ed from the spot at the time of raid, indicating his culpability, and was subsequently implicated on the basis of the memorandum statement of the co-accused juvenile. The quantity seized is substantial and suggests illegal transportation, and the investigation is still in progress. It is further submitted that the plea of false implication is a matter of trial and that, if released on bail, the applicant may abscond or interfere with the investigation, hence, he does not deserve to be enlarged on bail. 4 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having heard learned counsel for the parties and upon perusal of the material available on record, particularly that the implication of the applicant is primarily based on the memorandum statement of a co-accused juvenile, the absence of any direct evidence establishing conscious possession, the delay in arrest, and the fact that the applicant is a young man of 20 years with no criminal antecedents, this Court is of the considered opinion that further custodial detention of the applicant is not warranted. Taking into account that the applicant is in judicial custody since 20.02.2026, is a permanent resident with no likelihood of absconding, and that the trial is likely to take considerable time, this Court deems it appropriate to allow the bail application. 7. Accordingly, the application is allowed. Let applicant, Bharat Gond, involved in Crime No.14/2026, registered at Police Station: Pamgarh, District-Janjgir Champa, Chhattisgarh for the o昀昀ence punishable under Section 34(2) of the (C.G.) Excise Act be released on bail on his furnishing a personal bond 5 with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. 6 If in the opinion of the trial court absence of the applicant is deliberate or without su昀케cient 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. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Arpan