1 2025:CGHC:61046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8577 of 2025 Santosh Satnami S/o Shri Dharam Singh Satnami Aged About 30 Years R/o Village - Kalmi, P.S. Kotraroad, Tehsil and District - Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Kotraroad, District - Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15/12/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.412/2025 registered at Police Station - Kotraroad, District - Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act. 2. As per the prosecution case, the police of Police Station Kotraroad, District Raigarh, acting on secret information received by a Head Constable, were informed that a person was transporting illicit Mahua liquor on a blue-coloured Scooty from village Kalmi towards Raigarh. Acting upon the said information, the police, along with independent PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.16 18:02:01 +0530 2 witnesses, laid a blockade near the railway crossing at Kalmi. Thereafter, one person was intercepted. Upon inquiry, he disclosed his name as Santosh Satnami. On searching the said Scooty, two white plastic jerry cans of 10 litres each, containing a total of 20 bulk litres of illicit Mahua liquor, were recovered. The liquor and the Scooty were seized, and the accused was arrested for commission of the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has three previous criminal antecedents, out of which one is under the Excise Act, in which he has been acquitted; one is under the BNS; and one is under the Istagas Act. He also submits that the charge-sheet has been filed in the present case and that the applicant has been in jail since 07.10.2025. It is further argued that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment is one year and the maximum punishment is three years, and that the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has three previous criminal antecedents, therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing 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 three previous criminal antecedents, out of which one is 3 under the Excise Act, in which he has been acquitted; one is under the BNS; and one is under the Istagas, further the charge-sheet has been filed and he is in jail since 07.10.2025. Further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Santosh Satnami, involved in Crime No.412/2025 registered at Police Station - Kotraroad, District - Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh 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 BNS. (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 4 proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS. (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 are 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti