1 2026:CGHC:21397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4250 of 2026 Smt. Baratobai Rathiya W/o Sudama Rathiya Aged About 40 Years R/o Village Jobi, P.S. Kharsiya, Distt. Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Kharsiya, Distt. Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advcoate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.05.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 175/2026 registered at Police Station – Kharsiya, District – Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(2)(a) of the Chhattisgarh Excise Act. 2. As per the prosecution story, on 17.04.2026, the concerned police officials of Police Outpost Jobi, Police Station Kharsiya, District Raigarh, allegedly seized 20 bulk litres of Mahua liquor and cash amounting to Rs. 50/- from the possession of the applicant. Upon being served with notice regarding the seized liquor, the applicant failed to produce any valid documents or PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.08 12:57:08 +0530 2 licence in support of lawful possession thereof. Consequently, an offence under Sections 34(2) and 59(2)(a) of the Excise Act was registered against the applicant, and he was subsequently arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that there is no evidence regarding the seizure of the liquor from the applicant. He also submits that the applicant is a lady and there is marriage of his younger son and sole breadwinner of her family. A copy of marriage is filed herewith annexed A/3. He also submits that the applicant has one previous criminal antecedent under the Excise Act which is pending. It is further submitted that the applicant has been in judicial custody since 17.04.2026. Counsel argues that under Section 34(2) of the C.G. Excise Act, the prescribed punishment ranges from a minimum of one year to a maximum of three years, and that the conclusion of the trial is likely to take a considerable amount of time. In light of the aforesaid circumstances, it is prayed that this Court may be pleased to grant regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She further submits that the charge-sheet has been filed. She further submitted that the applicant has one previous criminal antecedent under the Excise Act which is pending, therefore he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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, and the fact that the charge-sheet has been filed, further the applicant has one 3 previous criminal antecedents under the Excise Act, and the applicant has been in custody since 17.04.2026, and that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Smt. Baratobai Rathiya, involved in Crime No. 175/2026 registered at Police Station – Kharsiya, District – Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(2)(a) 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 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 his absence, without sufficient cause, the trial court may proceed against her under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 4 Court shall initiate proceedings against her, in accordance with law, under Section 209 of BNS. (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 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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti