1 2025:CGHC:50462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7113 of 2025 Rajkumari Jaiswal W/o Vikram Prasad Jaiswal Aged About 45 Years R/o Village Mahuli, Police Station Chandani, Tahsil Biharpur, District Surajpur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Excise Circle, Pratappur, District Surajpur Chhattisgarh ---- Non-Applicant(s) For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 09.10.2025 1. The applicant has preferred this First Bail application under Section 483 of BNSS for grant of regular bail, as she has been arrested in connection with Crime No.39/2025, registered at Police Station Excise Circle, Pratappur, District – Surajpur, (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 36 and 59(A) of Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that on 30.07.2025, the Excise Inspector, Excise Circle Pratappur, received secret information during patrolling. Acting upon the said information, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 police intercepted the applicant and conducted a search of her house, from where 35.74 liters of illicit liquor were seized. Thereafter, the applicant was arrested for the commission of the alleged offences. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said 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. and in the present case, charge-sheet has filed before the competent Court and the applicant is in jail since 30.07.2025 and the applicant has two criminal antecedents under the Excise Act out of which in one case he has been acquitted and one case is still pending which is of the year 2018 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. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has two previous criminal antecedent under the Excise Act of the year 2018 and 1999 and further the quantity of liquor seized from the possession of the present applicant i.e. 35.74 liters of illicit liquor as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that the applicant has two criminal antecedents under the Excise Act out of which in one case he has been acquitted and one case is still pending which is of the year 2018 and the same has been explained in the bail application of para No. 4(a) and in the present case, charge-sheet has been filed before the competent Court, further the quantity of liquor seized from the possession of the applicant i.e. 35.74 liters of liquor and she is in jail since 30.07.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Rajkumari Jaiswal, involved in Crime No.39/2025, registered at Police Station Excise Circle, Pratappur, District – Surajpur, (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 36 and 59(A) of Chhattisgarh Excise Act, be released on bail on furnishing 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 sufÏcient 4 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 sufÏcient 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. OfÏce 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 Kunal