1 2026:CGHC:7371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10065 of 2025 1 - Jugnu Kol S/o Late Dau Kol Aged About 40 Years R/o Village Fatak Tola Jathari Ward No. 4 P.S. Jathari Distt Annupur M.P. 2 - Sunil Kumar Gupta S/o Late Badri Prasad Gupta Aged About 55 Years Sakin Jathari Civil Lines Ward No. 5 P.S. Jathari Distt Anuppur M.P. ... Applicants versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Pendra, District - Gaurella-Pendra-Marwahi Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vijay Shankar Mishra, Advocate For Respondent/State : Ms. Monika thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2026 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.343/2025, registered at Police Station – Pendra, District – Gourella-Pendra-Marwahi (C.G.) for the offence punishable under Section 34(2) and 59(a) of C.G. Excise Act. 2. The case of the prosecution, is that on 14.11.2025, the Assistant Sub-Inspector received secret Information that 2 persons in black VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.11 17:22:02 +0530 2 colour SP Shine motorcycle carrying illegal liquor and going for selling towards Venketnagar Darmohi road total 90 pieces of whiskey Goa Liquor filled in plastic bag kept in seat of said motor cycle total quantity of 24.840 bulk liter ha been seized from present applicants. Hence, this bail application. 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 present 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 14.11.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that applicants are resident of the State of Madhya Pradesh and there are no criminal antecedents registered against the present applicants, and the charge-sheet has been filed in this case. It is further submitted that a total of 24.840 bulk liters of liquor 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 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicants, charge-sheet has been filed against the 3 applicants and they are in jail since 14.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1, Jugnu Kol and applicant No.2 Sunil Kumar Gupta, involved in Crime No.343/2025, registered at Police Station – Pendra, District – Gourella-Pendra-Marwahi (C.G.) for the offence punishable under Section 34(2) and 59(a) of C.G. Excise Act, be released on bail on his furnishing a 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 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 4 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