1 2025:CGHC:33433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4294 of 2025 Rani Verma W/o Late Deepak Verma Aged About 32 Years R/o Ward No. 09, P.S. Chakarbhatha, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chakarbhatha, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Devesh Chandra Verma, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.224/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.17 19:10:06 +0530 2 Chakarbhatha, District Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the police has received secret information through informant that on the date of incident i.e. 26.05.2025 the unknown lady has kept illegal liquor in her possession to sell and police has seized 60 litres country made kachchi mahua liquor from the house of the applicant and she did not produce any document of seized liquor and hence police has registered a case for offence punishable under section 34(2) of the Chhattisgarh Excise Act against the applicant and investigation is going on. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 60 litres country made kachchi mahua liquor was not seized from the exclusive possession of the applicant. 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. He also submits that the applicant has two criminal antecedents under the Excise Act which has been disposed of, charge sheet has been filed, the applicant is in jail since 26/05/2025 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. Learned counsel for the State/non-applicant would oppose the bail application. He further submits that 60 litres country made kachchi 3 mahua liquor was recovered from the possession of the applicant, 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. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has two criminal antecedents under the Excise Act which has been disposed of, she is in jail since 26/05/2025 and the charge-sheet has been filed as stated by learned counsel for the applicant at bar, further the 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. Accordingly, the bail application is allowed and it is directed that the applicant - Rani Verma, involved in Crime No.224/2025 registered at Police Station Chakarbhatha, District Bilaspur (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 4 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 the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 5 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 gouri