DURGESH SAHIS vs STATE OF CHHATTISGARH

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GOURI
MUDALIAR

CGHC010344732026 2026:CGHC:39363
Digitally signed
by GOURI
MUDALIAR
Date: 2026.09.09
19:40:02 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8261 of 2026
Durgesh Sahis S/o Jawahar Sahis, Aged About 23 Years R/o Ward No.
13, Kotgarh, P.S. Akaltara, Distt. Janjgir-Champa (C.G.)
... Applicant
versus
State Of Chhattisgarh Through District Magistrate Janjgir-Champa
(C.G.)
... Respondent
For Applicant : Shri Ankush Soni, Advocate.
For
: Shri Sharad Mishra, PL.
Respondent/State
SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
08/09/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No.13/2026 registered at Police Station Excise Circle, Janjgir,
District Janjgir-Champa (C.G.) for the offence punishable under
Section 34(2) of Excise Act.

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2. Case of the prosecution, in brief, is that on 10.07.2026, secret
information was received from an informer that applicant is selling
hand made liquor in his house and thereafter raid was conducted
and 7.200 bulk litres of hand made liquor has been seized from
the applicant.
3.
Learned counsel for the applicant would submit that the applicant
has not committed any offence as alleged. He submits that the
applicant is a poor villager, he is in jail since 10/07/2026, looking
to the quantity of liquor seized and conclusion of trial may take
some time, hence he may be enlarged on bail.
4. On the other hand, learned State counsel would oppose the
submission of learned counsel for the applicant and he would
submit that there is one more criminal antecedent of similar nature
registered against the applicant.
5. I have heard learned counsel for the parties and perused the
materials available on record.
6. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available
on record, nature of allegation, period of detention of the applicant
since 10/07/2026, further considering the age of the applicant and
also considering the fact that trial is likely to take some time for its
conclusion, without commenting anything on the merits of the
case, I am inclined to allow this bail application.

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7. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail, upon furnishing a bail
bond in the sum of Rs.25,000/- with one surety in the like sum to
the satisfaction of the Court on the conditions that-
(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

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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 concerned for necessary information and compliance.
Sd/-
(Parth Prateem Sahu)
Judge
gouri