1 2025:CGHC:22383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4113 of 2025 Ramayan Bai W/o Late Ramlal Prajapati Aged About 48 Years Caste - Kumhar, R/o Village - Hardikala, Village Panchayat - Kesla, Police Station - Hardibazar, District - Korba Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Hardibazar, District - Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Kanhaiya Ram Yadav, Advocate, holding the brief of Mr. Dharmesh Srivastava, Advocate For State : Mr. Hari Om Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/05/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.68/2025 registered at Police Station- Hardibazar, District Korba (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. Digitally signed by NADIM MOHLE 2 2. Case of the prosecution, in brief, is that Police Station- Hardibazar, District Korba (C.G.) received a secret information and on a search being made, 47 bulk liters country made liquor was seized from the illegal possession of the applicant. Hence, the aforesaid offence was registered. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant is in jail since 01.05.2025 and conclusion of trial may take some more time. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is argued that there is no criminal antecedents of the applicant of the same nature. Therefore, learned counsel for the applicant prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. 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, considering the nature and gravity of allegation levelled against the applicant; there is no criminal antecedents of the present applicant and that she is in jail since 01.05.2025 and further considering that the 3 conclusion of 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- Ramayan Bai, involved in Crime No.68/2025 registered at Police Station- Hardibazar, District Korba (C.G.), for the offence punishable under Section 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 BNS. (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 BNS. (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 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice NADIM