1 2025:CGHC:17872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2463 of 2025 1. Smt. Bundkunwar W/o Baldev Ram Rajwade Aged About 34 Years Caste Rajwar R/o Village Mukundpur P.S. Darima District - Surguja (C.G.) ... Appolicant(s) versus 1. State Of Chhattisgarh Through S.H.O. Police Station Excise Circle Lakhanpur District - Surguja (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Nishi Kant Sinha, Advocate For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 133/2025, registered at Police MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 13:38:33 +0530 2 Station - Excise Circle Lakhanpur, District - Surguja (C.G.), for the offence punishable under Sections 34(1)(A) & (F), 34(2) & 59 (A) of the C.G. Excise Act. 3. The case of the prosecution, in brief, is that on 07.03.2025, the police of Excise Circle Lakhanpur, District - Surguja (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 14.5 bulk litters of hand made liquor (Mahua) and 150 KG of mahua Lahan from the possession of the present applicant, thereafter, Police Officers has registered an offence punishable under Sections 34(1)(A) & (F), 34(2) & 59 (A) of the C.G. Excise Act. 4. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no previous criminal antecedent. He further submits that the applicant is in jail since 07.03.2025 and the trial is likely to take some time for its conclusion. They also submit that under Sections 34(1)(A) & (F), 34(2) & 59 (A) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant and charge-sheet has been filed and she further submits that 14.5 bulk litters of hand 3 made liquor (Mahua) and 150 KG of mahua Lahan were recovered from the possession of the applicant, therefore, she is not entitled for grant of bail. 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 criminal antecedents and also considering the fact that the charge- sheet has been filed before the competent court which is taken on record and she is in jail since 07.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant - Smt. Bundkunwar, involved in Crime No. 133/2025, registered at Police Station - Excise Circle Lakhanpur, District - Surguja (C.G.), for the offence punishable under Sections 34(1)(A) & (F), 34(2) & 59 (A) of the C.G. Excise Act, be released on bail on their 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 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 4 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 their 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 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. 5 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manish