1 2025:CGHC:46365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6225 of 2025 Usha Kiran Khalkho W/o Stanis Khalkho Aged About 37 Years R/o Dhobipara, Kunkuri, Police Station - Kunkuri, District - Jashpur C.G. ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Kunkuri, District – Jashpur, C.G. ... Non-Applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/09/2025 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. 31/2025 registered at Police Station- Kunkuri, District – Jashpur (C.G.), for the offence punishable under Section 34(1)(A)(F) and 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story in brief, is that, on 16.07.2025, the police official have received information from the informant that the applicant has kept the country made liquor for selling on the basis of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.11 17:49:02 +0530 2 above information police has conducted raid and recovered total 10 bulk liter of country made liquor and 30 kg Mahuwa Lahan from the illegal possession of the applicant, thereafter arrested the applicant for the alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedent registered in Crime No. 79/2023 for the offence under Section 34(1) (A) of the Excise Act in which applicant has been acquitted vide order dated 04.09.2024 passed by the learned J.M.F.C Kunkuri, District Jashpur(C.G.). Copy of judgment dated 04.09.2024 is filed herewith as Annexure A/2. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 16.07.2025. 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 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 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has one previous criminal antecedent in which 3 she has been acquitted, further the charge-sheet has been filed and she is in jail since 16.07.2025. 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. Let the applicant - Usha Kiran Khalkho, involved in Crime No. 31/2025 registered at Police Station- Kunkuri, District – Jashpur (C.G.), for the offence punishable under Section 34(1)(A)(F) and 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 4 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 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 Preeti