1 2026:CGHC:2439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 541 of 2026 Sukhuram Janghel @ Sukhu @ Chhotelal S/o Shatruhan Janghel Aged About 24 Years R/o Khaira, Navapara, P.S. Chuikhadan, Distt. Khairagarh Chuikhadan Gandai, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Gandai, District – Khairagarh Chuikhadan Gandai, Chhattisgarh. Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.01.2026 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 204/2024, registered at Police Station – Gandai, District – Khairagarh- Chuikhadan-Gandai (C.G.) for the offence punishable under Section 34(1)(b), 34(2), 35, 59(A) and 49(A) of C.G. Excise Act and Sections 318(4), 336(2), 336(3), 340(2), 3(5), 111(2) and 238 of the BNS. 2. Earlier the First Bail Application of the applicant was rejected vide order dated 20.05.2025 passed in MCRC No. 3897/2025, on the ground that there are 03 criminal antecedents of the applicant including the present case under the Excise Act. 3. Case of the prosecution, in brief, is that on 06.09.2024 the Police of Police Station Gandal, District Khairagarh-Chuikhadan-Gandai at the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 time of patrolling, received secret information from the informant that the co-accused Mirza Varish Beg has possessed liquor in his house and present applicant and other co-accused Samir Khan used to supply in their motorcycle and thereafter raided and seized 33 quarter of country made liquor from the possession of co-accused Samir Khan and motorcycle seized from the instance of applicant. It was further alleged that they were operating a liquor factory and they were earning money by selling the said Illegal liquor. During the further investigation the police has seized different articles used for manufacturing illegal liquor and that has been seized from other co-accused persons. Thereafter offence u/s 34(1)(b) 34(2), 35, 59(A) 49(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5) 111(2) 238 of the Bhartiya Nyay Sanhita 2023 registered against the applicant and other co-accused persons. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that this is the second bail application and the First Bail Application of the applicant was rejected vide order dated 20.05.2025 passed in MCRC No. 3897/2025, on the ground that there are 03 criminal antecedents of the applicant including the present case under the Excise Act, but in fact there is only one criminal antecedent under the Excise Act besides the present case which is pending against the applicant. The applicant is in jail since 24.10.2024 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail 3 application and submits that there are a total of 3 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that a total of 33 quarter of country made liquor has been seized from the possession of the co- accused, and a motorcycle was seized from the possession of the applicant, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that this is the second bail application and the First Bail Application of the applicant was rejected vide order dated 20.05.2025 passed in MCRC No. 3897/2025, on the ground that there are 03 criminal antecedents of the applicant including the present case under the Excise Act, but in fact there is only one criminal antecedent under the Excise Act besides the present case which is pending against the applicant, charge-sheet has been filed against the applicant and he is in jail since 24.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Sukhuram Janghel @ Sukhu @ Chhotelal, involved in Crime No. 204/2024, registered at Police Station – Gandai, District – Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Section 34(1)(b), 34(2), 35, 59(A) and 49(A) of C.G. Excise Act and Sections 318(4), 336(2), 336(3), 340(2), 3(5), 111(2) and 238 of the BNS, be released on bail on his furnishing a personal bond with 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar