1 2026:CGHC:7646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 688 of 2026 Santosh Pandey S/o Vyas Narayan Pandey Aged About 24 Years R/o Village - Parsabhatha, Balconagar Korba, Police Station - Balco, Tehsil And Dist - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O.cer, Police Station - Balconagar, Dist - Korba (C.G.) ... Non-applicant For Applicant : Ms. Mahima Tandan, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 235/2025, registered at Police Station Balconagar, District – Korba (C.G.) for the o;ence punishable under Section 34(2) and Section 59(A) of the C.G. Excise Act. 2. The prosecution story, in brief, is that on 15.04.2025, during the search of a suspicious Duster vehicle bearing registration No. CG-10-AJ-6690 in the Lalghat area, the applicant was found in possession of 80 litres of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.12 15:22:13 +0530 2 handmade liquor. The police registered an FIR under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. The applicant was arrested, the matter was investigated, and a charge-sheet was Cled before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. She further submits that the applicant has four criminal antecedents under the IPC, out of which he has already been acquitted in three cases and only one case is pending. In support of this contention, an a.davit has been annexed to the present bail application. It is also submitted that under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in custody since 15.04.2025, and the trial is likely to take considerable time to conclude. Therefore, a prayer is made for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been Cled before the competent Court. 5. I have heard learned counsel 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 four criminal antecedents under the IPC, out of which he has already been acquitted in three cases and only one case is pending. In support of this contention, an a.davit has been annexed to the present bail application and also considering the fact that the charge- sheet has been Cled and he is in jail since 15.04.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular 3 bail to the present applicant. 7. Let applicant, Santosh Pandey, involved in Crime No. 235/2025, registered at Police Station Balconagar, District – Korba (C.G.) for the o;ence punishable under Section 34(2) and Section 59(A) of the C.G. Excise Act, 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 Cle an undertaking to the e;ect that he shall not seek any adjournment on the dates Cxed 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 Cxed, either personally or through his counsel. In case of his absence, without su.cient 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 Cxed 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 Cxed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement 4 under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su.cient 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. O.ce is directed to provide a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek