1 2026:CGHC:16192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 989 of 2026 Manish Markam S/o Ramesh Markam Aged About 26 Years R/o Village Amtara Police Station Koni, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Police Station Koni, District : Bilaspur, Chhattisgarh ... Respondent(s) For Applicant : Mr. Rajendra Kumar Patel, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 09/2026, registered at MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 15:42:23 +0530 2 Police Station- Koni, District- Bilaspur (CG) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. As per the prosecution case, on the basis of a secret information, the police reached near a canal at Village Amatra and found the applicant allegedly in possession of illicit country-made mahua liquor and searching for customers for its sale. Upon search, approximately 55 litres of mahua liquor kept in plastic containers was recovered from his possession. As the applicant failed to produce any valid license or authority, the said liquor was seized in the presence of witnesses and the applicant was arrested on 12.01.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is contended that the applicant is a young person and the sole breadwinner of his family, earning his livelihood through daily wage labour. It is further submitted that the applicant has no criminal antecedents and is in judicial custody since 12.01.2026. It is also submitted that the investigation is complete and the charge-sheet has already been filed; therefore, no further custodial interrogation is required. The trial is likely to take considerable time for its conclusion. It is further submitted that the applicant is a permanent resident and there is no likelihood of his absconding or tampering with the prosecution evidence. On these grounds, prayer for grant of bail has been made. 4. Per contra, learned State Counsel opposes the bail application 3 and submits that a substantial quantity of illicit liquor has been seized from the possession of the applicant, which indicates involvement in illegal trade. It is further submitted that there is a possibility of repetition of the offence, and therefore, the applicant is not entitled to bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. The investigation has been completed and the charge-sheet has already been filed; thus, the custodial interrogation of the applicants is no longer required. The case is based on seizure and documentary evidence, which are already in possession of the prosecution, and therefore, the possibility of tampering with evidence is minimal. The applicant has no previous criminal antecedents and is in judicial custody since 12.01.2026, and the trial, considering the nature of evidence and number of witnesses, is likely to take considerable time for its conclusion. 7. Considering the totality of facts and circumstances of the case, the nature of allegations, the period of detention, the filing of the charge-sheet, absence of criminal antecedents, this Court is of the considered view that it is a fit case to extend the benefit of bail to the applicant, without commenting on the merits of the case. 8. Let the Applicant- Manish Markam, involved in Crime No. 09/2026, registered at Police Station- Koni, District- Bilaspur (C.G.) for the aforesaid offences be released on bail on their 4 furnishing a 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 5 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima