1 2025:CGHC:10292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1703 of 2025 • Smt. Fuleshwari Miri W/o Shri Manbodh Miri Aged About 38 Years R/o Village- Hardi, Police Station- Pithora, District- Mahasamund (C.G.) ... Applicant (In jail) versus • State Of Chhattisgarh Through- Excise Circle Pithora, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Pawan Kesharwani, Advocate For Non-applicant : Mr. UKS Chandel, Dy. Advocate General Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/03/2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.83/2024 registered at Police Station Excise Circle Pithora, District Mahasamund (CG) for the offence punishable under Section 34 (2) of the Excise Act, 1915. 2. Case of the prosecution, in brief, is that the applicant was found in possession of 39 liter illicit handmade liquor without having valid NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.04 12:14:18 +0530 2 license and accordingly, the offence has been registered against the applicant and he was arrested. 3. Learned counsel for the applicant contends that the applicant is innocent and she has been falsely implicated. He submits that liquor has not been seized from exclusive possession of applicant. Under Section 34 (2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. After completion of investigation, police has submitted charge sheet and conclusion of trial is likely to take some time. Applicant is a 38 years old mother of three children and is languishing in jail since 17.1.2025, therefore, she may be released on regular bail. 4. On the other hand, the learned State counsel opposed the bail application of present applicant. He, however, submits that there is no criminal antecedent against the applicant. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, I am inclined to grant regular bail to the present applicant. 7. Let applicant Smt. Fuleshwari involved in Crime No.83/2024 registered at Police Station – Excise Circle Pithora, District Mahasamund (CG) for the offence punishable under Sections 34 (2) of the Excise Act, be released on regular bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with following conditions:- (i) The applicant shall file an undertaking to the effect 3 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (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 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 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 her in accordance with law. 8. 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 Nisha