1 2026:CGHC:18215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3209 of 2026 Javed Akhtar S/o Karamatddin Aged About 26 Years R/o Village Ponditola, Out Post Pondi, Police Station Bodla, District- Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House O昀케cer, Police Station Bodla, District- Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate For State/ Non-applicant : Ms. Anusha Naik, Dy. G.A. 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.199/2025, registered at Police Station: Bodla, District-Kabirdham for the o昀昀ence punishable ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 15:27:05 +0530 2 under Sections 34(1) (b), 34(2), 35, 49-A, 59-A of C.G. Excise Act and 318(4), 336(2), 336(3), 340(2), 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on receipt of secret information regarding manufacture of illicit liquor at the house of one Nandkumar in village Pondi, the police conducted a raid, wherein the present applicant along with other co-accused persons was apprehended and a substantial quantity of spurious country-made liquor along with materials used for its manufacture and packaging was seized from their joint possession. Consequently, Crime No. 199/2025 was registered on 15.02.2026 under the relevant provisions of law, and after completion of investigation, charge-sheet has been 昀椀led and the case is pending for trial before the competent Court. 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 alleged raid was conducted at the house of the co-accused and no incriminating article has been seized from the exclusive possession of the applicant. His implication is primarily based on the memorandum statement 3 of co-accused persons, without any independent evidence. It is further submitted that similarly placed co-accused persons have already been granted bail by this Court. The o昀昀ences are triable by the learned Judicial Magistrate First Class, the applicant is in judicial custody since 15.02.2026, and the trial is likely to take considerable time. The applicant has no criminal antecedents, 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 relating to manufacture and possession of illicit liquor, and a substantial quantity of spurious liquor along with materials used for its production and packaging has been seized during the raid. It is contended that the applicant was apprehended from the spot along with co-accused persons and his involvement is evident from the material collected during investigation. Considering the nature and gravity of the o昀昀ence, it is prayed that the applicant be not enlarged on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 4 6. Considering the facts and circumstances of the case, particularly that the raid was conducted at the house of the co-accused and no incriminating article has been seized from the exclusive possession of the present applicant, and his implication appears to be primarily based on the memorandum statement of co-accused persons, this Court is of the considered opinion that the role attributed to the applicant requires further examination during trial. Taking into account that similarly placed co-accused persons have already been enlarged on bail, the investigation is complete, charge-sheet has been 昀椀led, the applicant is in judicial custody since 15.02.2026, has no criminal antecedents, and there is no likelihood of his absconding or tampering with evidence, hence, this Court deems it appropriate to allow the bail application. 7. Accordingly, the application is allowed. Let applicant, Javed Akhtar, involved in Crime No.199/2025, registered at Police Station: Bodla, District-Kabirdham for the o昀昀ence punishable under Sections 34(1) (b), 34(2), 35, 49-A, 59-A of C.G. Excise Act and 318(4), 336(2), 336(3), 340(2), 3(5) of Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 5 personal bond 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) 6 recording of statement under Section 351 of BNSS. 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