1 CGHC010302172026 2026:CGHC:37921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7187 of 2026 Sukul Chand Sandilya S/o Ranjan Aged About 46 Years R/o Village Duppi Tahsil Rajpur, Police Station- Rajpur, District- Balrampur- Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Excise Circle Office Rajpur District- Balrampur-Ramanujganj, (C.G.) ... Non-Applicant For Applicant : Dr. Prachi Diwan, Advocate. For Non-Applicant : Miss Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24/08/2026 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.21/2026 registered at Police Station Excise Circle Office, Rajpur, District Balrampur-Ramanujganj (C.G.) for the offence under Section 34 (1)(A)(F), 34 (2) & 59-A of the CG Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 13:26:07 +0530 2 2. This is the 2nd bail application on behalf of the applicant. The earlier bail application preferred by the applicant was dismissed as withdrawn with liberty to file afresh after curing the defaults pointed out by the Registry, vide order dated 23.7.2026 passed in MCRC No.6596/2026. 3. The prosecution case, in brief, is that on 18.06.2026 on receiving written complainant the police reached the residential house of the accused situated at village Duppi and found 7 Bulk Liters hand made Mahuwa liquor, and 45 kg Mahuwa Lahan (mixture of water and Mahuwa for formation). During investigation the police has seized 7 bulk liter handmade Mahuwa liquor and 45 kg mahuwa lahan from possession of the accused. Thereafter crime was registered against the present applicant. Hence the bail application. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The police has not seized liquor from exclusive possession of the applicant. The applicant does not have any criminal antecedents. The applicant is in jail since 18.6.2026. Therefore, the applicant may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents, and the charge 3 sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedents, which is mentioned in the bail application, the applicant is in jail since 18.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 8. Let the Applicant – Sukul Chand Sandilya, involved in Crime No.21/2026 registered at Police Station Excise Circle Office, Rajpur, District Balrampur-Ramanujganj (C.G.) for the offence under Section 34 (1)(A)(F), 34 (2) & 59-A of the CG Excise Act, be released on bail on furnishing 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 4 trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve