1 2026:CGHC:22077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3551 of 2026 Kaushilya Tendulkar W/o Dinesh Kumar Aged About 40 Years Resident Of Ward No 16 Nayak Tand Akaltara P.S. Akaltara District- Janjgir- Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer Police Station Akaltara District- Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Mitesh Kurre, Advocate For State/ Non-applicant : Mr. Shailendra Sharma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.05.2026 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 he has been arrested in connection with Crime No.146/2026, registered at Police ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.12 20:16:26 +0530 2 Station: Akaltara, District-Janjgir- Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh, Excise Act. 2. That, the prosecution story, in brief, is that on 18.03.2026, upon receiving information from an informant, the police conducted proceedings wherein a total quantity of 22 bulk liters of country-made Mahua liquor was allegedly recovered and seized from the possession of the present applicant. On the basis of the said seizure, a case under Section 34(2) of the Chhattisgarh Excise Act was registered against the applicant and, consequently, the present bail application has been filed before this Hon’ble Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is one previous criminal antecedent registered against the applicant, however, the same does not disentitle him from seeking bail in the present case. Learned counsel further submits that charge-sheet has already been filed and under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant is 3 in judicial custody since 18.03.2026, therefore, he prays for grant of bail. 4. Per contra, learned State counsel opposes the bail application and submits that a total quantity of 22 bulk liters of country- made Mahua liquor has been seized from the possession of the applicant. It is further submitted that the applicant has one criminal antecedent and looking to the nature and gravity of the offence, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that charge-sheet has already been filed, the period of detention of the applicant since 18.03.2026, and further considering that the quantity of 22 bulk liters of country-made Mahua liquor alleged to have been seized from the possession of the applicant. Though the applicant has one criminal antecedent, I am inclined to allow the present bail application. 7. Accordingly, the application is allowed. Let applicant, 4 Kaushilya Tendulkar, involved in Crime No.146/2026, registered at Police Station: Akaltara, District-Janjgir- Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh, Excise Act be released on bail on his 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 he 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 5 court shall initiate proceedings against him, 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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Arpan