1 2026:CGHC:10753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 815 of 2026 Santosh Latiya S/o Sakan Aged About 22 Years R/o- Ward No. 10 Ramnagar Dallirajhara Tehsil Dondi District Balod (C.G.) ... Applicant versus State Of Chhattisgarh Through Sho Police Station Doundi District- Balod (C.G.) ...Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 02.03.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 159/2025 registered at Police Station - Doundi District- Balod (C.G.), for the offences punishable under Sections 34(2) of the BNS. 2. The case of the prosecution, in brief, is that on 21.12.2025 the concerned Police Station received secret information that the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.02 16:48:06 +0530 2 applicant was illegally storing liquor at his residence. Acting upon the said information, the police conducted a search and during the course of investigation allegedly recovered 5.22 bulk litres of country-made liquor, one motorcycle bearing registration No. CG/24/V-7995, and a sum of Rs. 20,000/- from the possession of the applicant. On the basis of the said recovery, the applicant was arrested in connection with Crime No. 159/2025 and the aforesaid offence was registered against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that no contraband liquor was recovered from his exclusive possession. It is further submitted that the alleged offence is triable by the learned Magistrate and does not warrant prolonged custodial detention. The applicant is in judicial custody since 21.12.2025 and is the sole bread earner of his family, and his continued incarceration is causing severe hardship to his dependents. The applicant undertakes that he shall appear before the Trial Court on each and every date fixed and shall not misuse the liberty granted to him. He is a permanent resident of the address mentioned in the cause title, possesses movable and immovable property in the said village, and there is no likelihood of his absconding or tampering with prosecution witnesses. The applicant is ready and willing to furnish adequate surety and abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has 3 already been filed in the present case and that the applicant has two previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in jail since 21.12.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Santosh Latiya, involved in Crime No. 159/2025 registered at Police Station - Doundi District- Balod (C.G.), for the offences punishable under Sections 34(2) of the BNS, be released on bail on his furnishing personal bond with two local 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 his 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 4 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. Sd/- (Ramesh Sinha) Chief Justice Vaibhav