1 2025:CGHC:22017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3810 of 2025 1. Anita Devi W/o Sanjay Ram Aged About 40 Years R/o Village Risamunda Chowk Jashpur P.S. - Jashpur Tehsil And District - Jashpur Chhattisgarh ... Applicant (In jail) versus 1. State of Chhattisgarh Through Station House Officer P.S. - Jashpur Tehsil And District - Jashpur Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate For Non-applicant : Mr. S.S. Baghel, Dy. Govt. Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13/05/2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.64/2025 registered at Police Station Jashpur, District Jashpur (CG) for the offence punishable under Section 34 (2) of the Excise Act. 2. Case of the prosecution, in brief, is that the applicant was found in possession of 72 liter illicit handmade liquor for the purpose of NISHA DUBEY Digitally signed by NISHA DUBEY 2 sale without having valid license and accordingly, the offence has been registered against the applicant and she was arrested. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He submits that under Section 34 (2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. Applicant is a 40 years old lady and is languishing in jail since 12.3.2025, there is no criminal antecedent against her and therefore, she may be released on regular bail. 4. On the other hand, the learned State counsel opposed the bail application of present applicant. He submits that 72 liter liquor has was recovered from possession of the applicant. He, however, submits that there is no criminal antecedent against the applicant. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, quantity of liquor seized and the fact that there is no criminal antecedent of applicant, who is in jail since 12.3.2025, I am inclined to allow this application. 7. Let applicant Anita Devi, involved in Crime No.64/2025 registered at Police Station – Jashpur District Jashpur (CG) for the offence punishable under Section 34 (2) of the Excise Act, be released on regular bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with following conditions:- 3 (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 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 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 4 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. - Sd/- (Ramesh Sinha) Chief Justice Nisha