1 2026:CGHC:18772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2425 of 2026 Mukesh Bagh S/o Ujagar Bagh Aged About 41 Years R/o Village Bijepur, P.S. Sankra, District - Mahasamund, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Sankra, District - Mahasamund, Chhattisgarh. --- Non-applicant MCRC No. 2429 of 2026 1. Gulab Bagh S/o Shankarlal Bagh Aged About 35 Years Resident Of Village Bijepur, PS. Sankra, District- Mahasamund (C.G.) 2. Roshan Bagh S/o Kirti Bagh Aged About 64 Years Resident Of Village Bijepur, PS. Sankra, District - Mahasamund (C.G.) 3. Brijesh Bagh S/o Amar Singh Bagh Aged About 28 Years Resident Of Village Bijepur, PS- Sankra, District -Mahasamund (C.G.) 4. Narendra Bagh S/o Jugutram Bagh Aged About 22 Years Resident Of Village Bijepur, PS – Sankra, District - Mahasamund (C.G.) --- Applicants Versus State of Chhattisgarh Through Station House Officer, Police Station Sankra, District - Mahasamund (C.G.) --- Non-applicant For Applicants : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicants/State : Ms. Smriti Shrivastava, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.24 17:01:38 +0530 2 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23.04.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 27/2026 registered at Police Station - Sankra, District Mahasamund (C.G.) for the offence punishable under Sections 34(2), 34(1)(क)(च) of Chhattisgar Excise Act. 3. As per the prosecution story, briefly stated, the police received secret information from an informant that on the date of the incident, i.e., 11.02.2026 at about 13:20 hours, unknown persons were manufacturing illegal liquor for sale near the canal in Village Vijepur, in a forest area. Acting upon the said information, the police seized 150 litres of country-made liquor from the place of the incident, which was an open area. The accused persons failed to produce any valid documents in respect of the seized liquor. Consequently, the police registered a case for offences punishable under Sections 34(2) and 34(1)(क)(च) of the Excise Act against the accused persons. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in that case. He further submits that the Police has not seized any article form the possession of the applicants because Police has seized illicit liquor at open place. He also submits that the applicants have no previous criminal antecedents. He later submits that the charge-sheet has been filed and they are in jail 3 since 11.02.2026. Hence, he prays for grant of bail. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has been submitted and also endorse the fact that the applicants have no previous criminal antecedents. 6. I have heard learned counsel for the State and perused the material available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that the charge-sheet has been filed in the present case before the competent Court, the applicants have no previous criminal antecedents and the applicants are in jail since 11.02.2026, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly the bail applications are allowed. Let the applicant – Mukesh Bagh (MRCR No. 2425/2026) and Gulab Bagh, Roshan Bagh, Brijesh Bagh and Narendra Bagh (MCRC No. 2429/2026) involved in Crime No. 27/2026 registered at Police Station - Sankra, District Mahasamund (C.G.) for the offence punishable under Sections 34(2), 34(1)(क)(च) of Chhattisgar Excise Act, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 BNS. 4 (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 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 BNS. (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. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd Sd/- (Ramesh Sinha) Chief Justice Preeti