1 CGHC010190512026 2026:CGHC:30053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4610 of 2026 Santosh Giri S/o Late Shambhu Nath Giri Aged About 47 Years R/o Near Agrasen I T I, Village Dhanora P.S. Padmnabhpur, Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Padmnabhpur District- Durg (C.G.) ... Non-Applicant For Applicant : Shri Aman Pandey, Advocate. For Non-Applicant : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15/07/2026 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.12/2026 registered at Police Station Padmanabhpur District Durg (C.G.) for the offence under Section 34 (2) of the Excise Act and under Sections 111 (2) & 111 (3) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.16 18:51:54 +0530 2 2. The prosecution case, in brief, is that on the basis of secret information that the present applicant along with co-accused is possessing liquor illegally for sale, the concerned police has conducted a raid and seized 8.64 liters of CMFL from possession of the present applicant and 7.5 liters of CMFL was seized from co-accused Raj Nayak. Thereafter the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. No ingredients of the offence alleged to have been committed by the applicant is present and charge sheet has already been filed. The applicant has 4 criminal antecedents under the Excise Act in which he has already been acquitted, 2 cases under the Gambling Act, which have also been disposed of and one case under the IPC which was compromised. The applicant is in jail since 4.1.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has one criminal antecedent, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, applicant has one criminal antecedent, the applicant is in jail since 4.1.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Santosh Giri, involved in Crime No.12/2026 registered at Police Station Padmanabhpur, District Durg (C.G.) for the offence under Section 34 (2) of the Excise Act and under Sections 111 (2) & 111 (3) of the BNS, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 applicants 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 them 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/- (Ramesh Sinha) Chief Justice Barve