1 2026:CGHC:7645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 696 of 2026 Rekh Lal Sahu S/o Hiraman Sahu Aged About 20 Years R/o Village Raja Bhanpuri, Police Station - Lalbag, Tahsil And Distt. Rajnandgaon Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Lalbag, Police Chowki, Tumdibod, Distt. Rajnandgaon Chhattisgarh ... Non-applicant For Applicant : Mr. Rakesh Kumar Thakur, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the Second bail application 5led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 258/2025 registered at Police Station – Lalbag, Police Chowki - Tumdibod, District – Rajnandgaon (C.G.), for the o;ence punishable under Sections 34(2) of the Chhattisgarh Excise Act and Section 39/192(1), 130(3)/177 of the Motor Vehicle Act. 2. The earlier bail application of the applicant being MCRC No. 8963 of 2025 was dismissed by this Court vide order dated 15.12.2025 on the ground that the present applicant has 02 criminal antecedents under the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.12 15:22:11 +0530 2 Excise Act. 3. As per the prosecution story, on 30/06/2025, information was received over the telephone at Police Chowki Tumdibod, District Rajnandgaon, that a white car had met with an accident near the pond on the Dewanjhitiya to Pendarwani road. Upon searching the car bearing registration No. CG-08-K-5570, it was found that the persons travelling in the vehicle had Aed from the spot. During the search, four sealed cartons were found containing 200 bottles of country-made liquor, each of 180 ml, totaling 41.40 litres. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant was dismissed by this Court in MCRC No. 8963 of 2025 vide order dated 15.12.2025 on the ground that the applicant had two criminal antecedents under the Excise Act. However, as per the information provided by the applicant’s family members, the applicant has no previous criminal antecedents. He further submits that the applicant has been in custody since 31.07.2025 and that the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been 5led in the present case. She, however, concurs with the submission that the applicant has no criminal antecedents. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the earlier bail application of the applicant was dismissed by this Court in MCRC No. 8963 of 2025 vide order dated 15.12.2025 on the ground that the applicant had two criminal antecedents under the Excise Act. However, 3 as per the information provided by the applicant’s family members, the applicant has no previous criminal antecedents, and the said fact has also been veri5ed by the learned State counsel. Further, the charge- sheet has already been 5led before the competent Court, and the applicant has been in custody since 31.07.2025. As the conclusion of the trial is likely to take some more time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 8. Let the Second Bail of the Applicant – Rekh Lal Sahu, involved in Crime No. 258/2025 registered at Police Station – Lalbag, Police Chowki - Tumdibod, District – Rajnandgaon (C.G.), for the o;ence punishable under Sections 34(2) of the Chhattisgarh Excise Act and Section 39/192(1), 130(3)/177 of the Motor Vehicle 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 5le an undertaking to the e;ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without suFcient 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 4 fails to appear before the court on the date 5xed 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 5xed 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 suFcient 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. OFce is directed to send a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek