1 2026:CGHC:4498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10093 of 2025 Lalit Banjare S/o Ghanshyam Banjare, Aged About 31 Years R/o Village- Nagaradih (Wrongly Mentioned As Nangraradih), Police Station Chakarbhatha, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chakarbhatha, District Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Kunwar lal Sahu, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 304/2025, registered at Police Station - Chakarbhatha District – Bilaspur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.28 16:39:38 +0530 2 2. The prosecution story in brief, is that on 05.08.2025, Police Station Chakarbhatha received information through an informant that Lalit Banjare was in possession of Mahua liquor near his residence. Acting on this information, the police conducted a raid and allegedly recovered approximately 60 liters of Mahua liquor from the possession of the co-accused Premlal Khatkar @ Munna. Consequently, an offence under Section 34(2) of the Excise Act has been registered against the said co-accused Premlal Khatkar @ Munna and the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. The applicant submits that he is innocent and has been falsely implicated in the present case. It is further submitted that the alleged liquor has not been recovered from the exclusive possession of the applicant and the same has been seized from an open place from the possession of co-accused Premlal Khatkar @ Munna, who has already been granted regular bail by this Hon’ble High Court. The applicant is the sole bread-earning member of his family and his continued pre-trial detention is causing serious hardship to his family members. The alleged offence is triable by a Magistrate and is not punishable with life imprisonment or death. The applicant has suffered a fracture in his hand and is presently under plaster; he is also suffering from a urinary ailment for which surgery has been advised, and relevant medical documents are annexed herewith as Annexure A/3. The applicant undertakes to appear before the Trial Court during the course of trial and assures that he shall not misuse the liberty 3 granted to him. It is further submitted that the applicant has been in judicial custody since 18.11.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has one criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute and the material available on record, and further considering the fact that the similarly situated co-accused, namely Premlal Khatkar @ Munna, has already been granted bail by this Hon’ble High Court in MCRC No. 6836 of 2025 vide order dated 08.10.2025, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, I am of the considered opinion that the applicant is entitled to be released on bail. 7. Let applicant, Lalit Banjare, involved in Crime No. 304/2025, registered at Police Station - Chakarbhatha District – Bilaspur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav