1 CGHC010289112026 2026:CGHC:32606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6841 of 2026 Yado Ram Bandhe S/o Samaru Ram Aged About 30 Years R/o Village Hathkoj Police Station Fingeshwar, District-Gariyaband (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The S H O, Police Station Fingeshwar , District- Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ankush Soni, Advocate. For Respondent(s) : Ms. Ritika Vema, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2026 1. This is the second 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 connection with Crime No. 116/2026 registered at Police Station Fingeshwar, District- Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 11.05.2026, the police of Police Station Fingeshwar, District Gariyaband, allegedly recovered and seized 6.300 bulk litres of masala liquor from the possession of the present applicant. On the basis of the said seizure, Crime No. 116/2026 was registered against the applicant at Police Station Fingeshwar under the relevant provisions of law. The applicant was arrested and has been in judicial custody since 12.05.2026. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 21.07.2026, therefore this second bail application is filed on the ground that the applicant has total five criminal antecedents, out of which, four cases have already been disposed of and only one case bearing Crime No.296/2025 under the Excise Act is pending against the applicant, the applicant is in jail since 12.05.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case and the applicant has five criminal antecedents, out of which, four cases are under the Excise Act of the year 2018, 2022 and 2025 and one case is under the IPC of the year 2022. She further submits that 6.300 bulk liters of liquor was recovered from the possession of the applicant, therefore, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 21.07.2026 in MCRC No. 5292 of 2026 on the ground that the applicant is having total five criminal antecedents, out of which, four are under the Excise Act, which shows that he is a habitual offender, but considering the fact that out of the said five criminal antecedents, four cases have already been disposed of and only one case bearing Crime No.296/2025 under the Excise Act is pending against the applicant and the applicant is in jail since 12.05.2026, further the charge-sheet has been filed and the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicant - Yado Ram Bandhe, involved in Crime No. 116/2026 registered at Police Station Fingeshwar, District- Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. 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 4 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil