1 CGHC010266742026 2026:CGHC:30663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6443 of 2026 Rajesh Kumar Khunte S/o Prabhu Dayal Aged About 27 Years R/o Village Hardi P. S. Sakti, District - Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Sakti, District - Sakti (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. This is the Second bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 132/2026 registered at Police Station- Sakti, District – Sakti (C.G.), for the offence punishable under Sections 34(2) and 42 of the Chhattisgarh Excise Act. 2. Earlier bail application of the applicant was rejected by this Court on merits vide order dated 15.06.2026 passed in MCRC No. 3790/2026. 3. The prosecution case, in brief, is that on 21.03.2026, acting on secret information received from an informant, the police conducted a search of the co-accused persons and allegedly seized 50 bulk litres of illicit hand-made liquor from their possession. During the course of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.21 14:57:56 +0530 2 investigation, on the basis of the memorandum statements of the co-accused persons, the present applicant came to be implicated in the present case. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the first bail application of the applicant was rejected by this Court on the ground that he had three previous criminal antecedents under the Excise Act. The present is the second bail application, filed on the ground that, out of the said three criminal antecedents, two cases have since been disposed of. Copies of the orders dated 01.06.2026 and 02.07.2026 have been annexed as Annexures A/4 and A/5 to the present bail application. Learned counsel further submits that there are four accused persons in the present case, out of whom the other three co-accused have already been granted bail by this Court vide common order dated 15.06.2026 passed in MCRC Nos. 4172/2026, 3152/2026 and 3052/2026. It is also submitted that the applicant has been languishing in judicial custody since 21.03.2026. As the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that the first bail application of the applicant was rejected by this Court on the ground that the applicant had three previous criminal antecedents under the Excise Act. Although the present is a second bail application on the ground that two out of the said three criminal cases have since been disposed of, the applicant still has one criminal antecedent under the Excise Act. Therefore, the applicant is not entitled for grant of bail. 3 6. I Heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by the learned counsel for the parties and considering the fact that this is the applicant's second bail application, filed on the ground that, out of the said three criminal antecedents, two cases have since been disposed of, further there are four accused persons in the present case, out of whom the other three co-accused have already been granted bail by this Court vide common order dated 15.06.2026 passed in MCRC Nos. 4172/2026, 3152/2026 and 3052/2026, further the applicant has been languishing in judicial custody since 21.03.2026, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application is allowed. Let the applicant - Rajesh Kumar Khunte involved in Crime No. 132/2026 registered at Police Station- Sakti, District – Sakti (C.G.), for the offence punishable under Sections 34(2) and 42 of the Chhattisgarh Excise Act, 2023, 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti