1 2025:CGHC:30191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5159 of 2025 • Smt. Nirmala Sahu W/o Shri Labhoram Sahu Aged About 30 Years R/o Village - Chandan, Thana- Rajadevari, Distt. - Balodabazar- Bhatapara (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Thana Rajadevri, Distt. - Balodabazar - Bhatapara (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sunil Sahu, Advocate For Respondent : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 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.27/2025 registered at Police Station Rajadevri, District – Baloda-Bazar, Bhatapara (C.G.) under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 27.04.2025 the officers of P.S. Rajadevri have received the Secrete information from the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 informant with the averment that the applicant has kept the Liquor in her house so the police has made the search and alleged to be seized total 400 Bulk Liter Mahua Liqour and arrested the present applicant on the basis of doubt and after completion of investigation chargesheet has been filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 400 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. He also submits that the husband of the applicant involved in the alleged business of preparing and selling the country made liquor having 10 criminal cases of IPC, Excise Act and Public Gambling Act and 11 cases of preventive nature 107/116 Cr.P.C. and on the date of incident the police came to make the search however, the husband of the applicant was not present in the house therefore the applicant has been implicated in the instant offence. 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 no criminal antecedents of Excise Act. The applicant is in jail since 27.04.2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has three previous criminal antecedents of I.P.C. He further submits that 400 bulk liters of the country made liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 3 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 present applicant and the fact that the applicant has three criminal antecedents of IPC, she is in jail since 27.04.2025 and the charge-sheet has been filed, 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. Let the applicant – Smt. Nirmala Sahu, involved in Crime No.27/2025 registered at Police Station Rajadevri, District – Baloda- Bazar, Bhatapara (C.G.) under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on their 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 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 him, 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 him 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 vaishali