1 CGHC010350802026 2026:CGHC:40509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8621 of 2026 1 - Sumit Kumar Bharti S/o Late Lukesh Kumar Bharti, Aged About 19 Years, R/o Village Peeparchedi, (Gaagra) Police Station Arjuni, District- Dhamtari (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through- Officer of Excise Circle, Dhamtari Rural, District Dhamtari (C.G.) ... Non-applicant/Respondent (Cause-title taken from Case Information System) For Applicant : Ms. A. Sandhya Rao, Advocate. For State : Ms. Vaishali Mahilong, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 16-09-2026 1. This is second bail application file by the applicant before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS, 2023’). His first bail application has been dismissed on merits by this Court vide order dated 24-07-2026 passed in MCRC No.6668 of 2026. 2. The applicant has been arrested on 27-06-2026 in connection with Crime No. 25/2026, registered at Excise Circle, Dhamtari Rural, District - Dhamtari (C.G) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 3. Learned counsel for the applicant would submit that the applicant is in jail since 27-06-2026. Four witnesses have been examined, but they have not supported the prosecution’s case, final adjudication of the case will take its own time. Therefore, the applicant may be released on bail. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.09.17 10:50:08 +0530 2 4. On the other hand, learned counsel for the State opposes and has submitted that only four witnesses have been cited by the Excise Circle Dhamtari and all the four witnesses have been examined before the learned trial Court. She would also submit that she obtained instruction from the concerned Investigating Officer and as per her instruction, the case has been fixed for tomorrow before the learned trial Court for recording accused statement. Since first bail application of the applicant has already been dismissed on its merit and the trial is in its fag end, the applicant may not be released on bail. 5. I have heard learned counsel for the parties and perused the documents annexed with the present petition. 6. Recording of evidence of four witnesses is not in dispute as the applicant himself has filed copy of the deposition of the witnesses along with covering memo dated 15-09-2026. As has been stated by the learned counsel for the State that in the trial there are four witnesses and all the witnesses have been examined and as per the submission made by the learned counsel for the State that tomorrow the case has been fixed before the learned trial Court for recording of accused statement, therefore, this Court is not inclined to release the applicant at the fag end of the trial. Accordingly, present second bail application filed by the applicant is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil