1 2026:CGHC:9070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.115 of 2026 Pardeshin Bai W/o Late Ganpat Aged About 60 Years R/o Katrapara, Kanki, Tehsil Barpali, District : Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Urga, District : Korba, Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State :Ms. Shubha Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 18:01:07 +0530 2 connection with Crime No.291/2025 registered at Police Station Excise Circle, Korba South, District Korba (C.G.), for the offence under Sections 34(1)(a)(b), 34(2) and 59(a) of the Chhattisgarh Excise Act. 2. As per the prosecution story, in brief, the police received information from an informant that on the date of the incident, an unknown lady was illegally possessing country-made liquor for the purpose of sale. Acting upon the said information, the police conducted a search and seized 51 litres of country-made liquor from the house of the Applicant during patrolling. The Applicant failed to produce any valid document or licence in respect of the seized liquor. Consequently, the police registered a case against the Applicant as mentioned above. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case and has no nexus whatsoever with the alleged incident as narrated by the prosecution. It is submitted that no contraband article has been seized from the conscious and exclusive possession of the Applicant and that the alleged illicit liquor was recovered from an open place, therefore the Applicant has been implicated without any cogent material. It is further submitted that the investigation has not been 3 conducted in a fair and proper manner and the mandatory procedure regarding seizure has not been duly complied with. It is argued that the Applicant is an innocent elderly lady having no knowledge about the alleged seized liquor, who is in judicial custody since 09.12.2025. He lastly submits that the trial is likely to take quite some time for its conclusion, therefore, the Applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the present Applicant has no criminal antecedents and charge sheet has been filed. 5. Considering the nature of allegations and the material available in the case diary, this Court finds that the investigation has been completed and the charge-sheet has already been filed, therefore further custodial detention of the Applicant is not necessary. It is also noted that the Applicant has no criminal antecedents. The Applicant is in judicial custody since 09.12.2025 and has remained in detention for a considerable period. In view of the period of detention, filing of the charge-sheet and absence of any criminal antecedents, without further commenting anything on the merits of the case, this Court is of the opinion that it is a fit case to allow the application for bail. Accordingly, the bail application is allowed. 4 6. Let Applicant- Pardeshin Bai involved in Crime No.291/2025 registered at Police Station Excise Circle, Korba South, District Korba (C.G.), for the offence under Sections 34(1)(a) (b), 34(2) and 59(a) of the Chhattisgarh 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 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 5 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. 7. 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 Priya