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Chattisgarh High Court
Bharat Bhardwaj vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12127
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1317 of 2026
Bharat Bhardwaj S/o Ahiwaran Bhardwaj Aged About 31 Years R/o Ward No.
11, Bazarpara, Saraipali, Police Station- Saraipali, District- Mahasamund,
Chhattisgarh. ... Applicant
VAIBHAV
SINGH
Digitally signed by
VAIBHAV SINGH
versus
Date: 2026.03.16
11:40:04 +0530
State Of Chhattisgarh Through The Station House Officer, Police Of Police
Station- Saraipali, District- Mahasamund, Chhattisgarh. ... Non-applicant
For Applicant : Mr. Shreyansh Tiwari, Advocate.
For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
07/2026, registered at Police Station - Saraipali, District-
Mahasamund(C.G.) for the offence punishable under Section 34(2) of
the C.G. Excise Act.
2. The prosecution case in brief is that on 06-01-2026, the police has
received secrete information and on the basis of said information, a
raid was conducted by the Police and was found in possession of total
20 Bulk liter Handmade illicit liquor from the possession of present
applicant, therefore the police has registered the crime for the offence
as mentioned above and arrested the applicant.
3. It is argued by the learned counsel for the applicant that the applicant
is falsely implicated in this case, It is submitted that the alleged liquor
has not been recovered from the possession of the applicant and the
same was seized from an open place. The applicant has not acted in
the manner as alleged by the prosecution. It is further submitted that a
false seizure memo has been prepared by the police only to implicate
the applicant in the present criminal case and the applicant is hopeful
that he will ultimately be acquitted of the said allegations. The
applicant is in judicial custody since 06.01.2026 and the trial is likely to
take considerable time to conclude; therefore, considering the period
of detention of the applicant, it is prayed that this Hon'ble Court may
kindly consider the case of the present applicant and enlarge him on
bail.
4. On the other hand learned State counsel opposes the bail application
of the present applicant and submits that the charge-sheet has been
filed in the present case.
5. I have heard learned counsel for the parties and perused the case-
diary.
6. Considering the facts and circumstances of the case, the nature and
gravity of the offence levelled against the present applicant, and also
taking into account that the applicant has no criminal antecedent, that
the charge-sheet has been filed before the competent Court, and the
applicant has been in jail since 16.01.2026, and that the conclusion of
the trial may take some more time, this Court is of the considered
opinion that the applicant is entitled to be released on bail in the
present case.
7. Let applicant, Bharat Bhardwaj , involved in Crime No. 07/2026,
registered at Police Station - Saraipali, District- Mahasamund(C.G.)
for the offence punishable under Section 34(2) of the C.G. Excise Act,
be released on bail on furnishing 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
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 provide a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
vaibhav
