MCRC/8261/2026 of DURGESH SAHIS Vs STATE OF CHHATTISGARH on 7 September 2026

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.13/2026 registered at Police Station Excise Circle, Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of Excise Act.

2. Case of the prosecution, in brief, is that on 10.07.2026, secret information was received from an informer that applicant is selling hand made liquor in his house and thereafter raid was conducted and 7.200 bulk litres of hand made liquor has been seized from the applicant.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence as alleged. He submits that the applicant is a poor villager, he is in jail since 10/07/2026, looking to the quantity of liquor seized and conclusion of trial may take some time, hence he may be enlarged on bail.

4. On the other hand, learned State counsel would oppose the submission of learned counsel for the applicant and he would submit that there is one more criminal antecedent of similar nature registered against the applicant.

5. I have heard learned counsel for the parties and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation, period of detention of the applicant since 10/07/2026, further considering the age of the applicant and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

(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 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. Sd/-

(Parth Prateem Sahu) Judge

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