1 2025:CGHC:22217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3200 of 2025 1 - Chinta Bai W/o Radheshyam Sonwani Aged About 48 Years R/o Village Chuchrungpur, P.S. Suhela, Dist - Baloda Bazar-Bhatapara Chhattisgarh (The Age And Address Of The Applicant Wrongly Mentioned In The Cause Title) ... Applicant versus 1 - State Of Chhattisgarh Through P.S. - Suhela, Dist - Baloda Bazar- Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 78/2025 registered at Police Station P.S. Suhela, Dist. Baloda Bazar-Bhatapara, C.G., for the offence punishable under Section VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 34(2) of the C.G. Excise Act against the present applicant. 2. Case of the prosecution, in brief, is that, on 04.04.2025, P.S. Suhela received the information from the informant that the applicant kept the illicit liquor for sale in her fortune shop. On the said information, P.S. Suhela made search in the shop of the applicant and recovered 12.600 bulk liter country made Masala liquor. Thereafter, the aforesaid case was registered against the present applicant. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 12.600 bulk liters of liquor was not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has 07 criminal antecedents and as per the information given by the deponent, presently no case is pending against the applicant. He also 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 present applicant has been in jail since 04.04.2025 and 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 counsel for the State, opposes the bail application and submits that the charge-sheet has not been filed in the present case before the competent Court and submits that the present applicant has 07 criminal antecedents under the 3 Excise Act, which shows that the present applicant is a habitual offender, therefore, he is not entitled for grant of regular 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, the nature and gravity of the allegations leveled against the present applicant, who is a lady, and her acquittal on 25.02.2023 in Crime No. 60/2020 for the offence punishable under Section 34(A) of the Excise Act, as well as the Istigasha registered for the proceeding under Section 151 of the CrPC, and further the fact that the applicant has been in jail since 04.04.2025 and the conclusion of the trial likely to 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 – Chinta Bai, involved in Crime No. 78/2025 registered at Police Station P.S. Suhela, Dist. Baloda Bazar- Bhatapara, C.G., for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, 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 he shall not seek any adjournment on the dates fixed for evidence when the witnesses are 4 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 his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 his, 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed 5 against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 Vishakha