Chattisgarh High Court
Narendra Sagar vs State Of Chhattisgarh on 12 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11942
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1126 of 2026
Narendra Sagar S/o Late Dharmo Sagar, Aged About 24 Years, R/o Kalibadi,
Nehru Nagar, Near Samudayik Bhavan, Tehsil and District- Raipur (C.G.)
... Applicant
versus
State of Chhattisgarh Through SHO, Police Station - Ganj, Raipur, C.G.
... Non-Applicant
For Applicant : Mr. Akash Mishra, Advocate.
For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Digitally
signed by
PREETI Order on Board
PREETI KUMARI
KUMARI Date:
2026.03.13
12:42:13
+0530
12.03.2026
1.This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.02/2026 registered at Police Station - Ganj, District - Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. As per the prosecution story, on 04.01.2026, the concerned Investigating Officer (I.O.) received confidential information, upon which he proceeded to the spot of the incident and conducted a raid. During the raid, he arrested the applicant along with the co-accused and seized a total of 69.120 bulk litres of country-made liquor from their joint possession. After the arrest, the applicant was produced before the concerned Judicial 2 Magistrate First Class, who remanded him to judicial custody. Since then, the applicant has been behind bars for almost a month despite being innocent.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has three previous criminal antecedents, the explanation of which has been given in paragraph No. 4A of this bail application. He further submits that the charge-sheet has already been filed in the present case and the applicant has been in jail since 04.01.2026. It is also argued by him that under Section 34(2) of the C.G. Excise Act, the minimum punishment is one year and the maximum punishment is three years, and the conclusion of the trial is likely to take a considerable period of time. Therefore, he prays for grant of regular bail to the applicant.
4. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the applicant has three previous criminal antecedents under the IPC/BNS, all of which are pending.
5. I have heard learned counsel appearing 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 applicant, and the fact that the applicant has three previous criminal antecedents, though none of the cases are under the Excise Act, and further considering that the charge-sheet has already been filed and the applicant is in custody since 04.01.2026, and that the conclusion of the trial is likely to take some 3 more time, this Court is of the view that the applicant is entitled to be released on bail in the present case.
7. Accordingly, the bail application is allowed. Let the applicant - Narendra Sagar, involved in Crime No.02/2026 registered at Police Station - Ganj, District - Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on his furnishing a personal bond with two 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 BNS.
(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 BNS.4
(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 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 him in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Preeti