1 CGHC010289492026 2026:CGHC:36356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7565 of 2026 1 - Bande Kumar Loniya S/o Shri Dhaniram Loniya Aged About 36 Years R/o Village Ghutku, Police Station-Koni, District- Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through S H O Police Station- Koni, District- Bilaspur, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dushyant Dayal, Advocate For Respondent(s)/State : Mr. Sumit Singh, Deputy Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.08.2026 1. The present is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 401/2025 registered at Police Station Koni, RUCHI YADAV Digitally signed by RUCHI YADAV 2 District Bilaspur (C.G.), for the offences punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. Earlier, the first bail application filed by the applicant was rejected vide order dated 12.01.2026 passed in MCRC No. 344/2026. 3. As per the prosecution story, on 07.02.2025, the deceased, namely Ramu Ram Sunahre, fell ill and was admitted to CIMS, where he expired during treatment on 08.02.2025. Thereafter, a merg was registered and, during the course of merg inquiry, it was alleged that the deceased had consumed homemade liquor purchased from one Panch Bai @ Pancho Lahre. In her memorandum statement, Panch Bai allegedly disclosed that the liquor had been supplied to her by the present applicant. On the basis of the said disclosure, the applicant was implicated and arrested for the alleged offences punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has neither committed nor participated in the alleged offence and that the material collected by the prosecution is not prima facie sufficient to establish his involvement. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of the co-accused. Learned counsel further submits that the applicant has been in judicial custody since 28.08.2025, the charge-sheet has already been filed and the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant may kindly be enlarged on bail. 5. Learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature and the 3 applicant has been implicated on the basis of the material collected during investigation. It is further submitted that five persons died after allegedly consuming the said liquor, which was supplied through the applicant. Therefore, considering the nature and gravity of the alleged offence and the serious consequences thereof, the applicant does not deserve to be enlarged on bail. Accordingly, it is prayed that the bail application be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the nature and gravity of the allegations against the applicant, the allegation that the deceased had consumed liquor allegedly supplied through the applicant, and the fact that five persons are stated to have died after consuming the said liquor, this Court is of the considered view that the allegations are serious in nature. It is also relevant to note that the first bail application filed by the applicant has already been rejected by this Court and there is no substantial change in the facts and circumstances of the case warranting reconsideration of the prayer for bail. At this stage, having regard to the material available on record, the seriousness of the allegations and the absence of any substantial change in circumstances, this Court is not inclined to grant bail to the applicant. Accordingly, the bail application is rejected. 8. Accordingly, the bail application preferred by the applicant Bande Kumar Loniya in connection with Crime No. 401/2025 registered at Police Station Koni, District Bilaspur (C.G.), for the offences punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 , 4 deserves to be and is hereby rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi