[Cites 2, Cited by 0]
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
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
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
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
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
