Kamalkant v. State Of Chhattisgarh Through Station House O/cer, Police Station

: Shri Sunil Verma, Advocate. For Respondent(s) : Shri Anand Gupta, Dy. Govt. Advocate. Hon'ble Shri Bibhu Datta Guru , Judge

03.03.2026 Order on Board

The instant application has been 5led by the applicant under 2 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail. This is the 5rst bail application. The applicant has been arrested in connection with Crime No. 212/2025 registered at Police Station Khadgawan, District Manendragarh–Chirmiri–Bharatpur (C.G.) for the o;ence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915.

As per the prosecution case, on 05.10.2025, the police of Police Station Khadgawan, acting upon information received from an informer, allegedly intercepted vehicle bearing registration No. CG-04/LN-7120 at Village Khadgawan. During search of the said vehicle, 225 bulk liters of Goa Whiskey (English liquor) were allegedly seized. It is alleged that the applicant was in possession of the said vehicle and, accordingly, o;ence under Sections 34(2) and 59(A) of the C.G. Excise Act, 1915 has been registered against him.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that the entire prosecution story is false and concocted. It is contended that the applicant had no conscious possession of the alleged seized liquor and has been roped in merely on 3 the basis of suspicion, there being no independent evidence connecting him with the alleged o;ence. The applicant was only travelling with the driver of the o;ending vehicle and had no knowledge whatsoever regarding the transportation of liquor. Learned counsel further submits that in a similar case involving seizure of 243 litres of illicit liquor, a Coordinate Bench of this Court granted bail to the applicant vide order dated 11.07.2024 passed in MCRC No. 4273/2024, and also places reliance on order dated 12.03.2025 passed in MCRC No. 2019/2025, wherein despite seizure of 225 bulk litres of foreign liquor, the applicant was granted bail; hence, on the ground of parity, the applicant seeks grant of bail.

Learned counsel further submits that the applicant had earlier preferred a bail application before the learned trial Court under Section 483 of BNSS, which has been rejected vide order dated 22.12.2025. It is also submitted that the applicant is in custody since 21.11.2025. The matter is triable by the learned JMFC, Chirmiri, District M.C.B. (C.G.), and conclusion of trial is likely to take considerable time. The applicant has no criminal antecedents and undertakes to cooperate with the trial proceedings. 4

Per contra, learned counsel for the State opposes the bail application and submits that looking to the quantity of illicit liquor seized, the applicant is not entitled to be released on bail.

I have heard learned counsel for the parties and perused the case diary.

Let applicant, Kamalkant, involved in Crime No. 212/2025 registered at Police Station Khadgawan, District Manendragarh–Chirmiri–Bharatpur (C.G.) for the o;ence 5 punishable under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act be released on bail on furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicant shall 5le an undertaking to the e;ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without su/cient 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 5xed 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, 6 before the trial court on the dates 5xed 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 su/cient 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.

O/ce is directed to provide a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Bibhu Datta Guru) Judge Shoaib