1 2025:CGHC:47519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7331 of 2025 Subi Barsa W/o Lachchhuram Barsa Aged About 45 Years Caste Madiya, R/o Sanjay Gandhi Ward Jhopadi Para, P.S. Bodhghat, Jagdalpur, District Bastar Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Bodhghat, District Bastar (C.G.) ... Non-applicant For Applicant : Mr. Manish Nigam, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.09.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 303/2025 registered at Police Station Bodhghat, District Bastar (C.G.), for the offences punishable under Sections 34(2) of the Excise Act. 2. As per the prosecution story, the police received secret information through an informant that on the date of the incident, i.e., 15.07.2025, an unknown lady was keeping illegal liquor in her possession at her house for the purpose of sale. Acting upon the said information, the police ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.17 12:34:33 +0530 2 conducted a search and seized 28 litres of country-made liquor from the courtyard of her house. The accused failed to produce any document in respect of the seized country-made mahua liquor. Hence, the police registered a case against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the present applicant has two criminal antecedents under the Excise Act, which have already been disposed of. 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 the present applicant has been in jail since 15.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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 though the present applicant has two criminal antecedents under the Excise Act, the said cases have already been disposed of. Moreover, the charge-sheet has already been filed before the competent Court and the applicant is in jail since 15.07.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Subi Barsa, involved in Crime No. 303/2025 3 registered at Police Station Bodhghat, District Bastar (C.G.), for the offences punishable under Sections 34(2) of the Excise Act, be released on bail on his 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 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 4 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 Abhishek