1 2025:CGHC:18852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3178 of 2025 Santoshi Sidar W/o Hariram Sidar Aged About 26 Years R/o Village Darrabhatha, P.S. Sipat District Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Sipat District Bilaspur, Chhattisgarh. ---- Non-Applicant(s) For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 176/2025 registered at Police Station Sipat, District- Bilaspur (C.G.), for the offence punishable under Section 34 (2), 34(1)A(F) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, on the basis of such information, police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 ofÏcers of the concern Police Station have seized 50 bulk liters of hand made liquor from the possession of the applicant, thereafter 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 said liquor was not seized from the exclusive possession of the applicant. He also submits that the applicant has no criminal antecedent and in the present case, charge-sheet has 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 is in jail since 01.04.2025 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 prayer for grant of bail and submits that the charge-sheet has been filed in the present case before the competent Court and the applicant has no previous criminal antecedent further from the possession of the applicant i.e. 50 bulk liters of hand made liquor was recovered, therefore, she is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case, charge-sheet has been filed before the competent 3 Court and the applicant has no previous criminal antecedent further the quantity of country made liquor seized from her i.e. 50 liters of liquor and she is in jail since 01.04.2025 and 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-Santoshi Sidar, involved in Crime No. 176/2025 registered at Police Station Sipat, District- Bilaspur (C.G.), for the offence punishable under Section 34 (2), 34(1)A(F) 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, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such 4 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