1 2026:CGHC:1745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 345 of 2026 Bande Noniya (Bande Kumar Loniya As Mentioned In Arrest Memo) S/o Dhaniram Noniya (Loniya As Mentioned In Arrest Memo) Aged About 36 Years R/o Village- Ghutku, Police Station- Koni, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S H O, Police Station- Koni, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Shri Vaibhav A. Goverdhan, Advocate. For Respondent/State : Shri Dharmesh Shrivastava, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.13 19:24:09 +0530 2 connection with Crime No.403/2025 registered at Police Station Koni, Distt. - Bilaspur (C.G.) for the offence punishable under Sections 105, 3(5) of Bhartiya Nyay Sanhita 2023. 2. Case of the prosecution, in brief, is that on 07.02.2025 deceased Pawan Kashyap was not feeling well, therefore he was admitted to CIMS, but on 08.02.2025 during treatment he expired. It is further case of prosecution that, after receiving the information of death, merg was registered and in the merg investigation it is found that, the deceased had consumed home made liquor which he had purchased from one Panch Bai @ Pancho Lahre. In the memorandum of Panch Bai, she disclosed that, the liquor was supplied to her by the applicant, and thereby, applicant was implicated & arrested for commission of offence u/s 105, 3 (5) of Bhartiya Nyay Sanhita 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence punishable with death or imprisonment of life and there is inordinate delay of about 6 months in lodging the FIR. He would submit that except for the memorandum of the co-accused, there is no material available against the applicant. It is further submitted that, there is no material available to show that, there was intention or knowledge on the part of the applicant to commit homicidal death and no incriminating article seized from the possession of the applicant. The article which has been seized from the applicant is very commonly available articles and only on that basis, the 3 applicant could not have been roped in this case. It is submitted that in the post mortem report, there is no specific cause of death has been ascertained and even as per the FSL report, no poison or any thing has come against the applicant thus, the applicant has falsely been implicated in the present case. It is submitted that, witness Rajkumar Patel and Lalit Dewangan have specifically stated in their sec. 183 Bhartiya Nagarik Suraksha Adhiniyam 2023 statement that, the liquor was purchased from Komal Lahre and thus there is no role played by the present applicant. He would submit that charge sheet has been filed, the applicant is in jail since 28/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in the present case before the competent Court. He would submit that the applicant has 7 criminal antecedents which has been explained in para 4a of the bail application. He further submit that applicant illegally manufactured country-made kachi mahua liquor at his residence by fermenting mahua and jaggery in plastic containers for 8–10 days and between 02.09.2024 and 05.02.2025, the applicant supplied the said illicit liquor to co- accused Panchvati @ Panch Bai @ Pancho Lahre for sale and distribution in the surrounding area and consumption of the liquor so manufactured and supplied by the applicant resulted in the death of five persons, including the deceased in the present case. 4 He would submit that bail application of co-accused Panchwati Alias Panchbai Alias Pancho Lahre has been rejected by this Court in MCRC No.10308/2025 on 12/12/2025, therefore, the applicant is also not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and from perusal of the case diary, it transpires that the applicant illegally manufactured country-made kachi mahua liquor at his residence by fermenting mahua and jaggery in plastic containers for 8–10 days and between 02.09.2024 and 05.02.2025, the applicant supplied the said illicit liquor to co-accused Panchvati @ Panch Bai @ Pancho Lahre for sale and distribution in the surrounding area and consumption of the liquor so manufactured and supplied by the applicant resulted in the death of five persons, including the deceased in the present case and further the fact that bail application of co-accused Panchwati Alias Panchbai Alias Pancho Lahre has been rejected by this Court in MCRC No.10308/2025 on 12/12/2025, therefore, this Court is of the considered opinion that the present case is not a fit case for enlarging the applicant on regular bail. 7. Accordingly, the bail application of applicant Bande Noniya involved in Crime No.403/2025 registered at Police Station Koni, Distt. - Bilaspur (C.G.) for the offence punishable under Sections 5 105, 3(5) of Bhartiya Nyay Sanhita 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri