1 2025:CGHC:13353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1835 of 2025 Gomati Bai Lahare W/o Siyaram Lahare Aged About 55 Years R/o Village Mohandi, Police Station Kota, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Of Police Station Kota, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Prahlad Shrivas, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20/03/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 924/2023 registered at Police Station- Kota, District Bilaspur (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 18.10.2023, the Excise Circle Kota received information that the present applicant has kept illicit liquor on her house for purpose of selling the said liquor and on the basis of PREETI KUMARI Digitally signed by PREETI KUMARI 2 said information, raid was conducted in the house of applicant and recovered total 50 bulk liters illicit liquor from the possession of present applicant, therefore, crime has been registered and arrested the applicant 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has no previous criminal antecedents. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 06.02.2025. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She further submits that the applicant has no previous criminal antecedents and the charge-sheet has been filed. She has further submitted that total 50 bulk liters illicit liquor seized from the possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 06.02.2025. Further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Accordingly, the bail application is allowed. Let the applicant- Gomati Bai Lahare, involved in Crime No. 924/2023 registered at Police Station- Kota, District Bilaspur (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on his furnishing a 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 she 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 her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of BNS. (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 4 statement under Section 351 of BNSS. If in the opinion of the trial Court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti