1 2026:CGHC:18475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2323 of 2026 Santosh Bansod S/o Rajbhan Bansod Aged About 45 Years R/o- Shanti Nagar, Near Pani Tanki, Sakri, Tahsil- Sakri, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Sakri, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Amitesh Kumar Pandey, Advocate For Non-applicant : Ms. Ankita Shukla, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.133/2026, registered at Police Station: Sakri, District-Bilaspur, Chhattisgarh for the offence ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 15:43:31 +0530 2 punishable under Section 34(2) of the Chhattisgarh, Excise Act. 2. The case of the prosecution, in brief, is that on 06.02.2026, on the basis of secret information received from an informant, the police recovered 70.00 litres of raw Mahua liquor from a jerrycan found in the possession of the present applicant at Shanti Nagar, near the Neem tree, village Sakri. Since no satisfactory explanation was offered regarding such possession, Crime No.133/2026 was registered against the applicant under Section 34(2) of the Excise Act and he was arrested on the same day. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the trial is likely to take considerable time for its conclusion and the applicant is in judicial custody since 06.02.2026. It is also contended that the applicant is the sole bread earner of his family and his continued detention would cause severe financial hardship to his dependents. The applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with prosecution evidence, 3 hence, he is entitled to be released on bail. 4. Per contra, learned counsel for the State opposes the bail application and submits that the applicant is involved in a serious offence under the Excise Act, wherein a substantial quantity of 70 litres of raw Mahua liquor has been recovered from his possession on the basis of credible information. It is contended that such recovery prima facie establishes his involvement and the plea of innocence is a matter of trial hence, he does not deserve to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly that the alleged recovery of 70 litres of raw Mahua liquor is stated to have been made from the possession of the applicant, and taking into account that the investigation is complete and the case is triable by the competent court, this Court is of the considered opinion that the matter rests primarily on evidence to be adduced during trial. Further, considering that the applicant is in judicial custody since 06.02.2026, is a permanent resident, and there is no material 4 indicating likelihood of his absconding or tampering with prosecution evidence, this Court deems it appropriate to allow the bail application. 7. Accordingly, the application is allowed. Let applicant, Santosh Bansod involved in Crime No.133/2026, registered at Police Station: Sakri, District-Bilaspur, (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh, Excise Act be released on bail on his furnishing a 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 5 presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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. Sd/- (Ramesh Sinha) Chief Justice Arpan