1 2026:CGHC:4408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8755 of 2025 1 - Hupendra Nag (wrongly written as Hupendra Nak in para 14 of impugned order) S/o Late Piluram Nag Aged About 28 Years R/o Awaspara, Village- Murkuchi, Police Station- Bhanpuri, District Bastar C.G. 2 - Pramendra Kumar Kurre @ Chhotu S/o Kamal Singh Kurre Aged About 24 Years R/o Jamkot Para,ward No. 5, Police Station- Kotwali, Kondagaon, District Kondagaon C.G. ... Applicants versus The State Of Chhattisgarh Through Police Station-Bhanpuri, District- Bastar C.G. ... Respondent For Applicants : Shri D.K. Gwalre, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27/01/2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.28 18:29:24 +0530 2 regular bail, as they been arrested in connection with Crime No. 120/2025, registered at Police Station Bhanpuri, District Bastar, (C.G.) for the offence punishable under Sections 34(2), 36 of the Chhattisgarh Excise Act and section 281 of Bharatiya Nyaya Sanhita. 2. The case of the prosecution, in brief, is that on 09/10/2025 acting upon a tip off Police personnel intercepted 3 different vehicles ( 1. Maruti Car No. CG04-PB-7951, 2.Scorpio No. CG04-QD-7778 & 3. Dustur Car No. CG04-HD-6858) and allegedly seized different quantity of Indian Made Foreign Liquor (Goa brand Whiskey) from all 3 vehicles. It is alleged that from the 3rd vehicle (Dustur Car No. CG04-HD-6858) 15 cartoons containing 50 quarter bottles of 180 ml. quantity each (total 135 liters) were seized and the applicants were found traveling in the same car with one other namely Jitendra Kumar Kurre @ Kallu. Since, the accused persons could not produce any authority to possess liquor, therefore, police has registered the alleged offence and has arrested the accused / applicants for commission of non-bailable offence and has been sent into judicial custody. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case only on the basis of suspicion. He 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 09.10.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicants. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She also submits that the applicants have no criminal antecedents. She further submits that the applicants were apprehended at the spot while transporting a huge quantity of illicit English liquor in concert with other co-accused persons and that a total of 495 bulk litres of liquor was seized from the three vehicles. She further submits that from the 3rd vehicle (Dustur Car No. CG04-HD- 6858) 15 cartoons containing 50 quarter bottles of 180 ml. quantity each (total 135 liters) were seized and the applicants were found traveling in the same car with one other namely Jitendra Kumar Kurre @ Kallu. It is contended that the offence is serious in nature, involves organized illegal transportation of liquor, therefore, the applicant is not entitled for 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 were apprehended at the spot while allegedly transporting illicit English liquor in association with other co- accused persons and that a total quantity of 495 bulk litres of liquor was seized from three vehicles, further the fact that from the 3rd vehicle (Dustur Car No. CG04-HD-6858) 15 cartoons containing 50 quarter bottles of 180 ml. quantity each (total 135 liters) were seized and the applicants were found traveling in the same car with one other person namely Jitendra Kumar Kurre @ Kallu, further the fact that the 4 applicants have no criminal antecedents, this Court is of the view that since the charge-sheet has already been filed before the competent Court, the applicants are in jail since 09.10.2025 and the conclusion of the trial is likely to take considerable time, continued incarceration of the applicants would not serve any useful purpose, accordingly, without expressing any opinion on the merits of the case, this Court is inclined to grant regular bail to the present applicants. 7. Accordingly, the bail application of the applicants are allowed and it is directed that the applicants, Hupendra Nag & Pramendra Kumar Kurre @ Chhotu, involved in Crime No. 120/2025, registered at Police Station Bhanpuri, District Bastar, (C.G.) for the offence punishable under Sections 34(2), 36 of the Chhattisgarh Excise Act and section 281 of Bharatiya Nyaya Sanhita, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the Court on the date fixed 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 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 applicants are 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 them 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 gouri