1 2026:CGHC:19614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2692 of 2026 Leelesh Sinha S/o Sumran Sinha Aged About 28 Years R/o Village- Saloni, Police Station - Keregaon, District- Dhamtari, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer of Police Station- Keregaon, District- Dhamtari, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.04.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 27/2025 registered at Police Station Keregaon, District Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chattigarh Excise Act. 2. Brief facts of the prosecution case, as appear from the order of the trial Court, are that on the date of the incident i.e. 19.11.2025, the ofÏcials of Police Station Keregaon, District Dhamtari, Chhattisgarh, received secret information that the present applicant was selling illegal liquor concealed in his house. Acting upon the said information, the police party conducted ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.29 11:13:57 +0530 2 a raid and seized handmade liquor totaling 270 bulk litres from the possession of the applicant at his house. Accordingly, Police Station Keregaon registered an offence punishable under Section 34(2) of the Excise Act, 1915, and the applicant was arrested in connection with the said offence. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicant has been in jail since 25.12.2025. He further submits that although the present applicant has 03 criminal antecedents under the Excise Act, he has already been acquitted in 02 cases and only 01 case is still pending. He further submits that the other co-accused, namely, Dhaneshwar Sinha has already been granted regular bail by this Court in MCRC No. 1995 of 2026 vide order dated 27.02.2026, therefore, the present applicant is also entitled to be grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, she could not dispute the fact that an identically situated co-accused has already been granted regular bail by this Court. 5. I have heard learned counsel appearing 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 present applicant and the fact that the charge-sheet has already been filed before the competent Court and he has been in jail since 25.12.2025. Also considering the fact 3 that the co - accused, namely, Dhaneshwar Sinha has already been granted regular bail by this Court in MCRC No. 1995 of 2026 vide order dated 27.02.2026, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant – Leelesh Sinha, involved in Crime No. 27/2025 registered at Police Station Keregaon, District Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chattigarh 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 sufÏcient 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. 4 (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 sufÏcient 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. OfÏce 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 Abhishek