Chattisgarh High Court
Omkar Singh Baghel vs State Of Chhattisgarh on 11 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11710
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2284 of 2026
Omkar Singh Baghel S/o Late Gulab Singh Baghel Aged About 37 Years R/o
Ward No. 15, Pandariya, Gandai, Police Station Gandai, District- K.C.G.
Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through- Station House Officer, Police Station Gandai,
District- K.C.G. Chhattisgarh.
... Non-applicant
For Applicant : Mr. Abhishek Sharma, Advocate.
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
11.03.2026
1.This is the Third bail application filed under Section 483 of the Bhartiya Digitally signed by ABHISHEK ABHISHEK SHRIVAS SHRIVAS Date:
2026.03.12 Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant 10:59:35 +0530 who has been arrested in connection with Crime No. 13/2025 registered at Police Station Gandai, District K.C.G. (C.G.), for the offences punishable under Section 34(2), 42 of the Chhattisgarh Excise Act and Section 111(2) of the Bhartiya Nyaya Sanhita, 2023.
2. The first and second bail applications of the present applicant were rejected by this Court on the ground of the applicant's criminal antecedents, vide orders dated 03.04.2025 and 16.10.2025, passed in 2 MCRC No. 2600 of 2025 and MCRC No. 8331 of 2025.
3. As per the prosecution story, in short, on 12.01.2025 the Officer-in-
Charge of Police Station Gandai received information that the main accused, Mayank Sharma, was selling illegal liquor in an organized manner with the help of employees of a liquor shop. Thereafter, the police party reached the spot and conducted a raid. During the raid proceedings, the main accused Mayank Sharma and another accused, Amit Sahu, were found coming on a motorcycle. Upon search, the police seized a total of 34.560 bulk litres of illicit liquor from the joint possession of the co-accused Mayank Sharma and Amit Sahu. Thereafter, they were arrested, and on the basis of their memorandum statement, the present applicant and six other persons were also arrested. During further investigation, the prosecution alleged that they were engaged in an organized crime of selling liquor. Consequently, a final report has been submitted for the offences under Sections 34(2) and 42 of the C.G. Excise Act and Section 111(2) of the BNS.
4. Learned counsel for the applicant submits that this is the third bail application on behalf of the applicant. The first and second bail applications of the present applicant were rejected by this Court on the ground of the applicant's criminal antecedents. He further submits that out of 11 prosecution witnesses, only 8 witnesses have already been examined. He also submits that the applicant has been in jail since 22.02.2025, conclusion of the trial is likely to take some time, therefore, he prays for grant of regular bail to the applicant.
5. On the other hand, learned State counsel opposes the bail application of the present applicant.
6. I have heard learned counsel for the parties and perused the case diary.
7. Taking into consideration the facts and circumstances of the case, the 3 first and second bail applications of the present applicant were rejected by this Court on the ground of the applicant's criminal antecedents and the present bail application has been filed on the ground that, out of 11 prosecution witnesses, only 08 have been examined so far. Moreover, considering that the applicant has been languishing in jail since 22.02.2025, this Court is of the view that the applicant is entitled to be released on bail in the present case.
8. Let the Applicant - Omkar Singh Baghel, involved in Crime No. 13/2025 registered at Police Station Gandai, District K.C.G. (C.G.), for the offences punishable under Section 34(2), 42 of the Chhattisgarh Excise Act and Section 111(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 his 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 4 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 his 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 forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek