UMESH @ BHOMESH KUMAR VISHWAKARMA vs STATE OF CHHATTISGARH

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CGHC010308842026 2026:CGHC:38683
NAFR
MANPREET
KAUR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
by MANPREET
KAUR
Date: 2026.09.01
15:41:01 +0530
MCRC No. 7604 of 2026
Umesh @ Bhomesh Kumar Vishwakarma S/o Hemant Kumar Aged
About 32 Years R/o Village Kashikala, P.S. Suregaon, District Balod
(C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer P.S. Suregaon,
District Balod, (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Muchkund Sharma, Advocate
For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01.09.2026
1. The applicant has preferred this First Bail Application under
Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS)
for grant of regular bail, as he has been arrested in connection
with Crime No.48/2026, registered at Police Station- Suregaon,
District- Balod (C.G.) for the offence punishable under Section
34(2) of the C.G. Excise Act.

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2. As per the prosecution story, on 29.06.2026, the police of Police
Station- Suregaon received secret information that the applicant
was engaged in the illegal sale of liquor. Acting upon the said
information, the police apprehended the applicant near Village
Kasahikala Gauthan and, upon search, seized 5.400 bulk litres of
country-made liquor from his possession. As the applicant failed
to produce any valid document or licence authorizing possession
of the said liquor, he was arrested and, upon completion of the
investigation, a charge-sheet was filed before the competent
Court.
3.
It has been argued by the learned counsel for the applicant that
the applicant is innocent and has been falsely implicated in this
case. He further submits that the applicant is languishing in jail
since 29.06.2026 and though the charge-sheet has already been
filed, the trial is likely to take some time for its conclusion. He later
submits that so far as criminal antecedents of the applicant is
concerned, the applicant has no previous antecedent registered
against him. He lastly submits that under Section 34(2) of the
Chhattisgarh Excise Act, minimum punishment is one year and
maximum punishment is three years, therefore, he prays grant of
bail.
4.
Learned counsel appearing for the State/non-applicant opposes
the bail application of the applicant and also the submissions
advanced by learned counsel for the applicant .

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5. I have heard learned counsel for the parties and perused the case
diary.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and
the fact that the applicant has no criminal antecedents registered
against him, he is languishing in jail since 29.06.2026 and though
the charge-sheet has already been filed, conclusion of the trial is
likely to take some time, as such, the Court is of the opinion that
the applicant is entitled to be enlarged on bail. Hence, the bail
application of the applicant is allowed .
7. Let applicant, Umesh @ Bhomesh Kumar Vishwakarma ,
involved in Crime No.48/2026, registered at Police Station-
Suregaon, District- Balod (C.G.) for the offence punishable under
Section 34(2) of the C.G. 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:-
(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

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them 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 Bharatiya Nyaya
Sanhita 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 Section 209 of 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.
Sd/-
(Ramesh Sinha)
Chief Justice
Manpreet