1 2026:CGHC:18192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2508 of 2026 1 - Deepali Tandon D/o Panchram Tandon Aged About 18 Years R/o Mahasati Ward Bhatapara P.S. Bhatapara (City) District- Balodabazar- Bhatapara (C.G.) 2 - Gulapa Sonwani D/o Rajiv Sonwani Aged About 24 Years R/o Mahasati Ward Bhatapara P.S. Bhatapara (City) District- Balodabazar-Bhatapara (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through- Station House Officer Police Station- Bhatapara (City) District- Balodabazar-Bhatapara (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ayush Verma, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.31/2026, registered at Police Station – Bhatapara (City), District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act and 78 of Juvenile Justice Act and 95 of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.23 12:51:39 +0530 2 2. The case of the prosecution, is that on 05/02/2026, 198 Pauva (35.640) bulk liters of Desi Masala liquor has been seized from the possession of all the accused, in which 59 Pauva (10.620) bulk liters has been seized from the possession of the present applicant's, thereafter the applicant's have been arrested by the police of Police Station Bhatapara (City), District Balodabazar-Bhatapara (C.G.). 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are no criminal antecedents registered against the applicants. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicants are in jail since 05.02.2026 and trial is likely to take some time for its conclusion, further other two co accused have already been granted bail by this Court in MCRC No.3132 of 2026 vide order dated 08.04.2026 therefore, he prays for grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and she could not disputed the fact that other two co accused have already been granted bail by this Court in MCRC No.3132 of 2026 vide order dated 08.04.2026 and also submits that there are no criminal antecedents registered against the applicants. It is further submitted that (35.640) bulk liters of Desi Masala liquor has been seized from the possession of all the accused, in which 59 Pauva (10.620) bulk liters has been seized from the possession of the present applicants, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and charge-sheet has been filed against the applicants and they are in jail since 05.02.2026 and other two co accused have already been granted bail by this Court in MCRC No.3132 of 2026 vide order dated 08.04.2026, conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1, Deepali Tandon and applicant No.2 – Gulapa Sonwani, involved in Crime No.31/2026, registered at Police Station – Bhatapara (City), District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act and 78 of Juvenile Justice Act and 95 of BNS, 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 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 4 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 against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali