[Cites 3, Cited by 0]
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
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
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.
(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
