1 2026:CGHC:18111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3514 of 2026 1 - Santosh Khunte S/o Ramayan Das Khunte Aged About 36 Years R/o Village Hardi P/s Bhatgaon, District Sarangarh Bilaigarh (C.G.) 2 - Prakash Khunte S/o Vijay Lal Khunte Aged About 26 Years R/o Village Hardi P/s Bhatgaon, District Sarangarh Bilaigarh (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer Police Station Bhatgaon, District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicants : Mr. Vikram Pratap , Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 34/2026, registered at Police Station- Bhatgaon, District- Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that the police of Police Station Bhatgaon, District- Sarangarh-Bilaigarh, (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized total 85 bulk liters of illicit liquor from the joint possession of the present applicants. Thereafter, Police has registered an offence punishable under Sections Section 34(2) of the C.G. Excise Act against the present applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and that the prosecution has concocted a false story against them. It is further submitted that the alleged liquor was not seized from the conscious or physical possession of the present applicants but was recovered from an open place, and therefore, no direct involvement of the applicants is made out. It is contended that the applicants have neither committed nor participated in any act constituting the alleged offence. It is also submitted that the applicant No.01 has four criminal antecedents, out of which one case registered under the Excise Act and all the cases are disposed of and applicant No.02 has one criminal antecedent under the Excise Act which is disposed of. He further submits that the charge-sheet has already been filed before the competent Court, the applicants are in jail since 09.02.2026, and the trial is likely to take considerable time for its conclusion. Hence, he prays that the applicants be released on bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the joint possession of the present applicants total 85 bulk liters of illicit liquor was seized. She also submits that the applicant No.01 has four criminal antecedents, out of which one case registered under the Excise Act and applicant No.02 has one criminal antecedent under the Excise Act, which shows that the applicants are habitual offender, therefore, they are not entitled for grant of bail. 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 No.01 has four criminal antecedents, out of which one case registered under the Excise Act and all the cases are disposed of, and applicant No.02 has one criminal antecedent under the Excise Act which is also disposed of, further considering the fact that the charge-sheet has been filed before the competent Court and they are in jail since 09.02.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Accordingly, the bail application of the applicants is allowed. Let the applicants, Santosh Khunte and Prakash Khunte, involved in Crime No. 34/2026, registered at Police Station- Bhatgaon, District- Sarangarh-Bilaigarh, (C.G.) for the offence punishable under 4 Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening 5 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 applicants are deliberate or without sufÏcient 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. 8. OfÏce 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 Rahul Dewangan