1 2025:CGHC:50105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7907 of 2025 Smt. Saraswati Sahu W/o Dinesh Sahu Aged About 39 Years (Age Correctly Mentioned), R/o Village - Darripara, Ambikapur, District - Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through - The Assistant District Excise Officer, Divisional Flying Squad Surguja Division, Ambikapur, District - Surguja (C.G.) (Wrongly Mentioned As Excise Circle, Ambikapur) ... Non-applicant For Applicant : Ms. Seema Verma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 101/2025 registered at Police Station Divisional Flying Squad Surguja Division, Ambikapur, District Surguja (C.G.), for the offence punishable under Section 34(1) (A), 34(2) and 59(A) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that the Assistant District Excise Officer, Divisional Flying Squad Surguja Division, Ambikapur, District ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.08 20:03:47 +0530 2 Surguja (C.G.), has received a secret information from the informant and on the basis of said information, raid was conducted and seized 21 liters of Mahua liquor and 100 Kgs of Mahua Lahan from the possession of the applicant. Thereafter, the aforesaid case was registered against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. She also submits that the present applicant has no criminal antecedents. She 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 is in jail since 31.08.2025, the trial is likely to take some time for its conclusion, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. 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, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant has no previous criminal antecedents, moreover, the fact that the charge-sheet has already been submitted before the competent Court in the present case and the present applicant is in jail since 31.08.2025, 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, Smt. Saraswati Sahu, involved in Crime No. 101/2025 registered at Police Station Divisional Flying Squad Surguja Division, 3 Ambikapur, District Surguja (C.G.), for the offence punishable under Section 34(1)(A), 34(2) and 59(A) 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 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 4 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 Abhishek