1 2025:CGHC:51922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7397 of 2025 Fulmati Uraon W/o Shakal Uraon Aged About 40 Years R/o Madhuban, Tikrapara, P.S. - City Kotwali, Raigarh, District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer P.S. - City Kotwali, District- Raigarh (C.G.) ... Non-applicant(s) For Applicant : Mr. Shivam Mishra, Advocate. For Non-applicant : Ms. Vaishali Mahilong, 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.434/2025, registered at Police Station-City Kotwali, District Raigarh (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act. 2. The prosecution story, in brief, is that while on town patrolling duty, the police received information from an informer that one Smt. Fulmati Uraon, wife of Shakal Oraon, resident of Madhuban KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Tikrapara, Raigarh, was engaged in selling a large quantity of country-made Mahua liquor, which she had stored in a room of her house. It was further informed that several persons were frequently visiting the said place to purchase and consume liquor. Acting upon the said information, the police party, along with independent witnesses, proceeded to the spot and reached the house of Smt. Fulmati Uraon at Madhuban Tikrapara, as indicated by the informer. Upon arrival, the accused was found sitting near the door of her house and was caught red-handed while selling liquor. On measurement, a total of 45.900 liters of country-made Mahua liquor was found in her possession. A notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was served upon the accused regarding the possession and sale of the said liquor. Upon inquiry, she failed to produce any valid documents authorizing such possession. Consequently, the liquor was seized from her possession in the presence of witnesses. Thereafter, a Rural Notice on Zero was registered on the spot, and the accused was taken into custody. After returning to the Police Station, Crime No. 434/2025 was registered against her under Sections 34(2) and 59(A) of the Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no exclusive possession of liquor found from the applicant. He further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has not been filed yet before the competent Court. He further submits that under Section 34(2) of the C.G. Excise Act, minimum 3 punishment is one year and maximum punishment is three years and the applicant is in jail since 24.08.2025 and the applicant being a lady aged about 40 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 and submits that in the present case, charge-sheet has not yet been submitted before the competent Court and the applicant has no criminal antecedent however, the quantity of liquor seized from the possession of the applicant i.e. 45.900 liters of country-made Mahua liquor, 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 40 years and she has no criminal antecedent further the the quantity of liquor seized from the possession of the applicant i.e. 45.900 liters of country-made Mahua liquor and the conclusion of the trial is likely to take sometime and further the applicant is in jail since 24.08.2025, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Fulmati Uraon, involved in Crime No.434/2025, registered at Police Station-City Kotwali, District Raigarh (C.G.) for 4 the offence punishable under Section 34(2) and 59(A) of the C.G. 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 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 5 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 Kunal