1 CGHC010241562026 2026:CGHC:28876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6121 of 2026 Santosh Mankar S/o Mohan Mankar Aged About 23 Years R/o- Ojhar, Tehsil- Rajpur, Out Post Ojhar, Police Station Nagalwadi, District- Badwani (M.P.) ... Applicant versus State Of Chhattisgarh Through- Sho Police Station - Patan, District- Durg (C.G.) ... Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 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.37/2025 registered at Police Station – Patan, District – Durg C.G.) for the offences punishable under Sections 34(2), 36 of the C.G. Excise Act and Section 61(2) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 17:30:26 +0530 2 2. As per the prosecution case on 08.02.2025 the concerned police station received secret information that some unknown persons are transporting illegal liquor in vehicle bearing registration number MP 46 H 0513 and when the police reached near village Funda, the above vehicle entered into one farm house and police recovered 4500 bulk liters of illegal liquor. Hence the above offence has been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has not been previously convicted, no incriminating article has been recovered from his possession, and he was not arrested from the place of occurrence. It is further submitted that there is no eye-witness to the alleged incident and the applicant has been implicated merely on the basis of suspicion. Learned counsel submits that the alleged offence is triable by the Judicial Magistrate and that the applicant is the sole breadwinner of his family. It is further contended that similarly situated co-accused persons, namely, Kamal Kishore, Tulesh Sahu, Aajam Khan and Sandeep Soni, have already been enlarged on bail by this Court in MCRC No. 1668/2025 vide order dated 15.04.2025, MCRC No. 3216/2025 vide order dated 28.04.2025, MCRC No. 1252/2026 vide order dated 06.02.2026 and MCRC No. 289/2026 vide order dated 10.02.2026, respectively, and the case of the present applicant stands on the same footing. It is also submitted that the applicant's previous criminal cases have already been disposed of and he has been acquitted by the competent trial Court. The applicant has been in judicial custody since 08.02.2025, undertakes to appear before the trial Court on every date fixed, and shall not misuse the liberty granted by this Court. It is further submitted 3 that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely, Kamal Kishore, Tulesh Sahu, Sandeep Soni and Aajam Khan, have already been enlarged on bail by this Court in MCRC No. 1668/2025 vide order dated 15.04.2025, MCRC No. 3216/2025 vide order dated 28.04.2025, MCRC No. 1252/2026 vide order dated 06.02.2026 and MCRC No. 289/2026 vide order dated 10.02.2026, respectively, and that the case of the present applicant stands on the same footing, further considering that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, has been in judicial custody since 08.02.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Santosh Mankar, involved in Crime No.37/2025 registered at Police Station – Patan, District – Durg C.G.) for the 4 offences punishable under Sections 34(2), 36 of the C.G. Excise Act and Section 61(2) of the BNS, be released on bail on 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav