1 2026:CGHC:23819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3013 of 2026 Smt. Maya Fekar W/o Ishwar Aged About 30 Years R/o Station Para, Village Ghutku P S Koni District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S H O Koni, Bilaspur District Bilaspur Chhattisgarh ...Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Priyank Rathi, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.06.2026 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. 44/2026 registered at Police Station – Koni, Bilaspur District Bilaspur (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution case, in brief, is that on the basis of information VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.15 17:41:56 +0530 2 received, the police conducted a search and allegedly found the present applicant in possession of 45 bulk liters of illicit hand-made mahua liquor. The said liquor was seized from the possession of the applicant in accordance with the seizure proceedings prepared by the police. On the basis of the said recovery, the police registered the aforesaid offence against the applicant under the relevant provisions of the Excise Act. 3. Learned counsel for the applicant submits that the applicant is an innocent widow lady who has been falsely implicated in the present case. It is contended that the applicant was not present at the spot at the time of the raid and has been unnecessarily roped into the alleged offence. The entire prosecution case rests solely upon the alleged seizure from a house which the prosecution claims belongs to the applicant; however, no cogent documentary evidence has been produced to establish the ownership or possession of the said house by the applicant. Thus, the foundation of the prosecution case is weak and doubtful. It is further submitted that the applicant has been in judicial custody since 08.02.2026, therefore, he prays for grant of regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has two previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and 3 gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in judicial custody since 08.02.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Smt. Maya Fekar, involved in Crime No. 44/2026 registered at Police Station – Koni, Bilaspur District Bilaspur (C.G.), for the offences punishable under Section 34(2) of the C.G. Excise Act, be released on bail on his furnishing personal bond with two local 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 his counsel. In case of his 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav