1 2025:CGHC:51919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7705 of 2025 Anita Kewat W/o Vishvanath Aged About 30 Years R/o Bhusadipara, Bankimongara, P.S. Bankimongara, Distt. Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Excise Circle Bankimongara, Distt. Korba, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Virendra Verma, Advocate. For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as she has been arrested in connection with Crime No.93/2025, registered at Police Station-Excise Cricle, Bankimongara, District-Korba (C.G.) for the offence punishable under Sections 34(1)(A)(F),34(2) and 59(A) of the C.G. Excise Act. 2. The prosecution story, in brief, is that on 03.08.2025, during routine patrolling, the police received information from an informant that the applicant was in possession of illegal country-made liquor (Mahua) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 in Village Bhusadipara. Acting on the said information, the police conducted a raid and recovered approximately 13 liters of Mahua liquor kept in plastic bottles, along with one plastic bag containing about 20 kilograms of Mahua Labhan. The aforesaid articles were seized from the possession of the present applicant. Consequently, the police arrested the applicant for the offences punishable under Sections 34(1)(A)(F), 34(2), and 59(A) of the Chhattisgarh Excise Act, 1915. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant is an agriculturist and to feed the ox and cow for their help the Mahuva Labhan was kept which has been seized by the police and the applicant has collected the drive Mahuva Labhan from the forest for her animals but the police has made a false case against her. The earlier the applicant has arrested in a false case for the crime No. 39/2019 of the same P.S. Bankimongara the police has made a false case against her. He further submits that the applicant has only one said criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. 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 applicant is in jail since 03.08.2025 and the applicant being a lady aged about 30 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 opposes the prayer for grant of bail 3 and submits that in the present case, charge-sheet has been submitted before the competent Court and the applicant has one criminal antecedent of similar nature of the year 2019, however, the quantity of liquor seized from the possession of the applicant i.e. 13 liters of Mahua liquor kept in plastic bottles, along with one plastic bag containing about 20 kilograms of Mahua Labhan, as such, looking to the seriousness of this case, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that in the present case, charge-sheet has not been filed before the competent Court and the applicant being a lady aged about 30 years and she has one previous criminal antecedent for similar offence of the year 2019, further the the quantity of liquor seized from the possession of the applicant i.e. 13 liters of Mahua liquor kept in plastic bottles, along with one plastic bag containing about 20 kilograms of Mahua Labhan and the conclusion of the trial is likely to take sometime and further the applicant is in jail since 03.08.2025, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Anita Kewat, involved in Crime No.93/2025, registered at Police Station-Excise Cricle, Bankimongara, District- Korba (C.G.) for the offence punishable under Sections 34(1)(A)(F), 34(2) and 59(A) of the C.G. Excise Act, be released on bail on her 4 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 5 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 Kunal