1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.288/2026 registered at Police Station - Chowki Belgehna, Thana Kota, District Bilaspur (C.G.) for the offence under Section 34(2) of Excise Act.

2. According to the case of the prosecution, on 19.04.2026, acting upon information received from an informer, the police party, along with the accompanying staff, conducted a raid in the forest area near Marhimata Temple, Village Bhanwartank. During the raid, 10 litres of Mahua liquor contained in a white- coloured plastic jerrycan of 10-litre capacity, 05 litres of Mahua liquor contained in a yellow-coloured plastic jerrycan of 05-litre capacity and 05 litres of Mahua liquor prepared in a handmade furnace contained in a green-coloured plastic jerrycan of 05-litre capacity, i.e., a total of 20 litres of Mahua liquor valued at Rs.2,000/-, was allegedly seized from the possession of the present Applicant. On the basis of the aforesaid allegations, the present offence has been registered against the present Applicant. Hence this application.

3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged recovery of 20 litres of Mahua liquor worth Rs.2,000/- was made from an open and accessible place and therefore, the exclusive and conscious possession of the Applicant is not established. It is further submitted that the seizure was not effected in accordance with law, as no independent witnesses were associated and the seizure witnesses have not supported the prosecution case. It is also submitted that none of the Applicant's criminal antecedents pertains to the Excise Act, he has been in judicial custody since 19.04.2026, the offence is triable by the Judicial Magistrate First Class and conclusion of trial is likely to take quite some time, therefore, he may be granted bail.

4. On the other hand, learned State Counsel opposes the bail application and submits that charge sheet has been filed. She would submit that the Applicant has seven criminal antecedents, out of which he has been acquitted in six cases, while one criminal case is still pending against him. It is, however, fairly submitted that none of the said antecedents pertains to an offence under the Excise Act.

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

6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the pre-trial detention, charge sheet has been filed, and further considering that although the Applicant has criminal antecedents, none pertains to an offence under the Excise Act, as well as the likelihood of the trial taking considerable time, without commenting further on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed.

7. Let Applicant- Mohd Asif @ Lavi involved in Crime No. 288/2026 registered at Police Station - Chowki Belgehna, Thana Kota, District Bilaspur (C.G.) for the offence under Section 34(2) of 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.