1 2026:CGHC:717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9501 of 2025 1. Navel Singh Gota S/o Chamar Singh Gota Aged About 30 Years R/o Village-Muleti Paddikasa, Police Station And Tahsil- Korchi, District- Garhchiroli (Maharastra) 2. Rahul Gota S/o Lakshman Gota Aged About 21 Years R/o Village- Muleti Paddikasa, Police Station And Tahsil- Korchi, District- Garhchiroli (Maharastra) ... Applicants versus State of Chhattisgarh Through - The Station House O昀케cer, Police of Police Station- Chilhati, District- Mohla-Manpur-Ambagarh Chowki (C.G.) ... Non-applicant For Applicants : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they has been arrested in connection with Crime No. 73/2025, registered at Polie Station Chilhati, District Mohla-Manpur-Ambagarh Chowki (C.G.) for the o昀昀ence punishable under Sections 34(2) of the C.G. Excise Act. 2. As per the prosecution case, the police recovered a total of 102 bulk ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.08 11:03:42 +0530 2 litres of illicit liquor from the possession of the present applicants. Accordingly, the crime was registered and the charge-sheet was 昀椀led before the concerned Court. 3. It is argued by the learned counsel for the applicants that the applicants are falsely implicated in this case. He also submits that the present applicants have no criminal antecedents. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicants are in jail since 28.09.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that although the present applicants have no criminal antecedents in the State of Chhattisgarh, they are residents of District Gadchiroli, Maharashtra, and the information regarding their criminal antecedents has not yet been received. He further submits that 102 bulk liters of illicit liquor were seized from the joint possession of the present applicants and, therefore, they are not entitled to the grant of bail. 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 applicants, and the fact that the applicants have no previous criminal antecedents in the State of Chhattisgarh, it further transpires from the order-sheet dated 24.11.2025 passed by this Court that the learned State counsel was directed to inform this Court regarding the criminal antecedents of the applicants from the State of Maharashtra. However, when the matter is taken up today, the said information is still awaited. Since the charge- sheet has already been 昀椀led and the applicants have been in judicial 3 custody since 28.09.2025, and as the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicants. 7. Let applicants, Navel Singh Gota and Rahul Gota, involved in Crime No. 73/2025, registered at Polie Station Chilhati, District Mohla-Manpur- Ambagarh Chowki (C.G.) for the o昀昀ence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall 昀椀le an undertaking to the e昀昀ect that they 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 applicants shall remain present before the trial court on each date 昀椀xed, either personally or through their counsel. In case of their absence, without su昀케cient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before 4 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. If in the opinion of the trial court absence of the applicants are 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 them 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek