1 2025:CGHC:1583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 98 of 2025 Reshma Mahanand Sagar W/o Vishnu Mahanand Sagar Aged About 38 Years R/o Behind Gokul Dham, Sai Mandir, Police Station- D.D. Nagar, Tahsil And District- Raipur (C.G.) ... Applicant versus The State Of Chhattisgarh Through Police Station- Excise Circle- Ganj, Raipur, District- Raipur (C.G.) (Excise Circle- Civil Line Wrongly Mentioned In The Impugned Order) ---- Non-Applicant For Applicant : Mr. Rishikant Mahobia, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 247/2024 registered at Police Station Excise Circle-Ganj, Raipur, District- Raipur (C.G.), for the offence punishable under Section 34 (2) and 59(A) of the Chhattisgarh Excise Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant, on the basis of such information, the police ofÏcers conducted raid and have seized 30.24 bulk liters of country made liquor (wrongly stated as 30. 240 in the impugned order) from the possession of the applicant. Therefore, the aforesaid offence was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said liquor was not seized from the exclusive possession of the applicant. He also submits that the applicant has no previous criminal antecedent however, in the present case, charge-sheet has not yet been filed before the competent Court. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant being a lady and she is in jail since 18.12.2024 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. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court however, the applicant has no previous criminal antecedent and further the quantity of liquor seized from the possession of the applicant i.e. 30.24 bulk liters of liquor, therefore, she is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the fact that the applicant is a lady aged about 38 years and has no previous criminal antecedent however, in the present case, charge-sheet has not yet been filed before the competent Court, she is in jail since 18.12.2024 and 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. 7. Let the applicant-Reshma Mahanand Sagar, involved in Crime No. 247/2024 registered at Police Station Excise Circle-Ganj, Raipur, District- Raipur (C.G.), for the offence punishable under Section 34 (2) and 59(A) of the Chhattisgarh Excise Act, be released on bail on her 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 her counsel. In case of her absence, without sufÏcient 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, 4 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 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 concerned for necessary information and compliance forthwith. - d Sd/- (Ramesh Sinha) Chief Justice Kunal