1 2025:CGHC:31395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5276 of 2025 Lalita Sahu W/o Rajkumar Sahu, Aged About 35 Years R/o Village Kotari, Police Station City Kotwali Sarangarh And District Sarangarh Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O. Of The Police Station City Kotwali, Sarangarh, District Sarangarh Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.07.2025 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. 239/2025 registered at Police Station : Sarangarh District – Sarangarh Bilaigarh (C.G.) for the offence punishable under Sections 34(2) 59(A) of the C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.09 14:22:03 +0530 2 2. The prosecution's story in short is that, on 25.05.2025 secret information received by an informant that, the present applicant kept total 75 liters Mahua Liquor in 5 plastic bucket i.e. found from the possession of the applicant, so on the basis of that, applicant has been arrested on 25.05.2025 in offences punishable under Section 24(2) 59(A) of the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant had neither committed nor participated in the above said crime. He further submits that the present applicant is not aware of the fact that how the said jerrycan in which contraband was found nearby with the applicant, applicant name came and he has been falsely implicated in the case There is no direct evidence available to attract the said offence against the applicant and he is in jail since 25.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the possession of the present applicant 75 liter Mahua liquor in 5 plastic bucket was seized, therefore, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the 3 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 no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 25.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant 7. Let applicant, Lalita Sahu, involved in Crime No. 239/2025 registered at Police Station : Sarangarh District – Sarangarh Bilaigarh (C.G.) for the offence punishable under Sections 34(2) 59(A) of the C.G. Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 her counsel. In case of his 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 4 during trial and in order to secure his 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 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. Sd/- (Ramesh Sinha) Chief Justice vaibhav