2026:CGHC:1950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10534 of 2025 Bande Noniya S/o Dhaniram Noniya Aged About 36 Years R/o Village –

Ghutku, Police Station - Koni, District – Bilaspur (C.G.)

... Applicant versus State Of Chhattisgarh Through - SHO, Police Station – Koni, District –

Bilaspur (C.G.)

... Respondent(s)

For Applicant(s) : Mr. Vaibhav A. Goverdhan, Advocate.

For Respondent(s) : Mr. Vinod Kumar Tekam, Govt. Advocate.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

13.01.2026 RAJSHEKHAR SONI

1. The applicant has preferred this First Bail Application under Section Digitally signed by

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short RAJSHEKHAR SONI ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 400/2025, registered at Police Station Koni, District – Bilaspur (CG) for the offence punishable under Sections 105 and 3(5) of the BNS.

2. The prosecution story in brief, is that on 05.02.2025 the deceased Dev Prasad was not feeling well, therefore, he was admitted to CIMS, but on 05.02.2025 during treatment he expired. After receiving the information of death, merg was registered and in the merg investigation it is found that the deceased had consumed home made liquor which he had purchased from on Panch Bai @ Pancho Lahre, and in the memorandum statement of Panch Bai, she disclosed that the liquor was supplied to her by the applicant, and thereby, the applicant was arrested by the applicants. Hence, this application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in the present case. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of the co-accused. The incident took place on 05.02.2025 resulted in the death of four persons due to consumption of poisonous liquor supplied by the co-accused Panch Bai, but there is an inordinate delay of about 6 months in lodging the FIR and the applicant has been falsely roped in the present case. The applicant is in jail since 28.08.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is involved in the incident in which four persons died after consuming poisonous handmade liquor, and the name of the applicant has come into light from the memorandum statement of the co-accused Panch Bai, and she has disclosed that the said liquor was supplied to her by the present applicant, and the applicant has a total of 8 criminal antecedents out of which 3 have been disposed of and rest case are still pending, and no plausible explanation has been given for the same. Moveover, the bail application of the co-accused Panch Bai has already been rejected by this Court vide order dated 12.12.2025 passed in MCRC No.10248/2025. therefore, the applicant is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the bail application of the co-accused Panch Bai has already been rejected by this Court vide order dated 12.12.2025 passed in MCRC No.10248/2025, and the applicant is involved in the incident in which four persons died after consuming poisonous handmade liquor, and the name of the applicant has come into light from the memorandum statement of the co-accused Panch Bai, and she has disclosed that the said liquor was supplied to her by the present applicant, and the applicant has a total of 8 criminal antecedents out of which 3 have been disposed of and rest case are still pending, an