1 2026:CGHC:20434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4010 of 2026 Santosh Sahis S/o Ghuharam Sahis Aged About 22 Years R/o Ward No. 14, Potarpara Bagbahra Police Station And Tahsil Bagbahra District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Komakhan, District – Mahasamund (C.G.) Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2026, registered at Police Station – Komakhan, District – Mahasamund (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that the Police of Police Station – Komakhan, District – Mahasamund (C.G.) has received a secret information through the informant and on the basis of such information the Police has seized a total of 9 liters of liquor from the possession of the applicant. Thereafter, the applicant has been arrested by the Police and the offence was registered. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 06 criminal antecedent of the applicant which have been disposed of. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 27.01.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 06 criminal antecedent of the applicant which have been disposed of, and the charge-sheet has been filed in this case, and the co-accused has been granted bail by this Court vide order dated 20.04.2026 passed in MCRC No.3568/2026. It is further submitted that a total of 9 liters of liquor has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 06 criminal antecedent of the applicant which have been disposed of, charge-sheet has been filed against the applicant and the co-accused has been granted bail by this Court vide order dated 20.04.2026 passed in MCRC No.3568/2026, and the applicant is in jail since 27.01.2026 and conclusion of the trial is likely to take some 3 time, I am inclined to allow this application. 7. Let applicant, Santosh Sahis, involved in Crime No. 14/2026, registered at Police Station – Komakhan, District – Mahasamund (C.G.) for the offence punishable under Section 34(2) of C.G. 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar