1 CGHC010212032026 2026:CGHC:28987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4997 of 2026 Rupesh @ Raja Soni S/o Paras Soni Aged About 24 Years R/o Vikas Nagar Kondagaon, P.S. And District Kondagaon (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Kondagaon District Kondagaon (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 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. 61/2026 registered at Police Station – Kondagaon, District – Kondagaon (C.G.), for the offence punishable under Section 34(2) of the Chhattigarh Excise Act. 2. As per the prosecution case, the Excise Circle, Kondagaon, District Kondagaon (C.G.), allegedly seized 171 bulk litres of foreign-made liquor from the possession of the present applicant. The applicant was arrested, and thereafter the prosecution filed the charge-sheet before the competent Court. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.13 11:47:21 +0530 2 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 24.02.2026. He further submits that the applicant has only 01 criminal antecedent under the Excise Act. He further submits that the other co-accused person, namely, Nihal Singh Bhatia and Dinesh Bunkar have already been granted regular bail by this Court in MCRC No. 2725 of 2026 and MCRC No. 4731 of 2026 vide orders dated 28.04.2026 and 15.06.2026, therefore, the present applicant is also entitled to be grant of regular bail on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has not yet been filed before the competent Court in the present case. However, she could not dispute the fact that identically situated co-accused persons have 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, the nature and gravity of the allegations levelled against the present applicant, and further considering that similarly situated co-accused persons, namely Nihal Singh Bhatia and Dinesh Bunkar have already been granted regular bail by this Court in MCRC No. 2725 of 2026 and MCRC No. 4731 of 2026 vide orders dated 28.04.2026 and 15.06.2026, this Court is of the view that the applicant is entitled to be released on bail in the present case on the ground of parity. 7. Let the applicant – Rupesh @ Raja Soni, involved in Crime No. 61/2026 3 registered at Police Station – Kondagaon, District – Kondagaon (C.G.), for the offence punishable under Section 34(2) of the Chhattigarh 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 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 4 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. 8. 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 Abhishek