1 2026:CGHC:347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9587 of 2025 Suraj Chandel S/o Shri Mannalal Chandel Aged About 31 Years Caste- Domar, R/o Ward No. 3, Mauhapara Manendragarh, Police Station And Tahsil - Manendragarh, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station- Jhagrakhand, District – Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 79/2025, registered at Police Station- Jhagrakhand, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Earlier the first bail application of the applicant being MCRC No. 5960/2025 was rejected by this Court vide order dated 30.07.2025 on merits with liberty to proceed and conclude the trial expeditiously. 3. Case of the prosecution, in brief, is that as per the secret information received by the Police through informant, on the basis of the said RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 information the Police conducted raid and have seized 30 cartoons of Goa Whiskey containing 50 bottles of 180 ml, total 1500 bottles about 270 liters foreign liquor from the possession of the applicant along with other co-accused Sujeet Kumar which was amounting Rs. 1,80,000/-. Thereafter, the crime was registered and the applicant was arrested by the Police. Hence, this application. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC No. 5960/2025 was rejected by this Court vide order dated 30.07.2025 on merits with liberty to proceed and conclude the trial expeditiously, but so far as the status of the trial is concerned, till date out of 17 prosecution witnesses only 2 witnesses have been examined by the trial Court and the rest are yet to be examined, and the second bail application of the co-accused was also allowed by this Court in MCRC No.7699/2025 vide order dated 17.10.2025. The applicant is in jail since 12.06.2025, and the trial is likely to take quite long time for its conclusion, and therefore, on the ground of parity, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the applicant and submits that a huge quantity of liquor i.e. 270 liters of foreign liquor has been seized from the possession of the applicant along with the co-accused without any valid license and no plausible explanation has been offered in this regard. Therefore, this bail application is liable to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the earlier bail application of the applicant being MCRC No. 5960/2025 was rejected by this Court vide order dated 30.07.2025 on merits with liberty to proceed and conclude the trial expeditiously, but so far as the status of the trial is concerned, till date out of 17 prosecution witnesses only 2 witnesses have been examined by the trial Court and the rest are yet to be examined, and the second bail application of the co-accused was also allowed by this Court in MCRC No.7699/2025 vide order dated 17.10.2025, and the applicant is in jail since 09.12.2024, and the trial is likely to take quite long time for its conclusion, hence this Court is of the considered view that the present applicant deserves to be released on bail. 8. 8. Let the Applicant – Suraj Chandel, involved in Crime No. 79/2025, registered at Police Station- Jhagrakhand, District – Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh 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 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 4 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 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar