1 2025:CGHC:120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8926 of 2024 Lakshmi Jaiswal W/o Suresh Jaiswal Aged About 32 Years R/o Gram Kera, Jhariya, Polie Station Dipka, Teshsil- Dipka, District : Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Dipka, District : Korba, Chhattisgarh ... Non-Applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-Applicant : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with FIR No. 304/2024, registered at Police Station : Dipka, District : Korba, (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station : Dipka, District : Korba, (C.G.), received an information 2 from the informant and on the basis of the said information conducted a raid and seized 24 bulk liters of kacchi mahua liquor total worth of Rs. 3600/- from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that the present applicant has only 01 criminal antecedent under the Excise Act. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant has been in jail since 06.10.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He submits that the present applicant has 01 criminal antecedent under the Excise Act. He further submits that from the possession of the present applicant 24 bulk liters of kacchi mahua liquor total worth of Rs. 3600/- was seized, therefore, she 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, nature and gravity of allegation levelled against the applicant and 3 the fact that the applicant has only 01 criminal antecedent and also considering the fact that the charge-sheet has been filed and she has been in jail since 06.10.2024 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, Lakshmi Jaiswal, involved in FIR No. 304/2024, registered at Police Station : Dipka, District : Korba, (C.G.) for the offence punishable under Section 34(2) of the C.G. 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan