1 2025:CGHC:23835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4451 of 2025 Smt. Shobha Banjare W/o Phalit Banjare Aged About 30 Years R/o Satnami Para Belgahna, Chowki - Belgahna, P.S. - Kota, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Chowki - Belgahna, P.S. - Kota, District - Bilaspur (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-Applicant/State : Mr. Vedant Shadangi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/06/2025 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. 340/2025 registered at Police Station Kota, District- Bilaspur (C.G.), for the offence punishable under Section 34 (1)(ख) and 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 14.04.2025, a secret information received from the informant and on the basis of such KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information, police officers of the concern Police Station have seized 30 liters of hand made Mahua liquor and Cash of Rs. 200/- from the possession of the applicant, thereafter she subsequently been arrested at the same time. 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 further 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 14.04.2025 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 would oppose the bail application and submits that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent and further the quantity of liquor seized from her i.e. 30 liters of hand made Mahua liquor and cash of Rs. 200/-as such, the present applicant 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 allegation levelled against the applicant and the fact that 3 the applicant is a lady aged about 30 years and the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and she is in jail since 14.04.2025 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-Smt. Shobha Banjare, involved in Crime No. 340/2025 registered at Police Station Kota, District- Bilaspur (C.G.), for the offence punishable under Section 34 (1)(ख) and 34(2) 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 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 4 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 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. - d Sd/- (Ramesh Sinha) Chief Justice Kunal