1 2026:CGHC:26866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5751 of 2026 Jaykumari Khalkho W/o Lt. Raviram Khalkho Aged About 45 Years R/o Village Kolam Bhagwati Nagar, Police Station Tamnar (As Per Challan), District : Raigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station - Tamnar, District : Raigarh, Chhattisgarh ... Non-applicant For Applicant : Ms. Ayushi Kulkarni, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 74/2026, registered at Police Station - Tamnar, District – Raigarh (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act. 2. As per the prosecution story, on 12.04.2026, while on a rural patrol along with her staff, Sudo Bhagat, a female Head Constable posted at Police Station Tamnar, received information from an informant that the applicant, Jaykumari Khalkho, was illegally selling country-made raw ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.02 11:24:26 +0530 2 mahua liquor at her house situated in Village Kolam Bhagwati Nagar. Acting upon the said information, the female Head Constable, along with independent witnesses and the accompanying police staff, conducted a raid at the applicant’s house, where a total of 40 litres of country-made raw mahua liquor, valued at approximately Rs. 8,000/-, was allegedly recovered from the shed of the applicant’s house. The applicant was asked to produce any valid licence or document authorzing her to possess such quantity of liquor, but she failed to produce any such document. Consequently, the recovered liquor was seized in the presence of witnesses after preparing the necessary seizure memo, and the applicant was arrested. It was alleged that the acts of the applicant constituted offences punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act. Thereafter, the female Head Constable returned to Police Station Tamnar and registered the First Information Report bearing Crime No. 74/2026 under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act, and the matter was taken up for investigation. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. She submits that the applicant has only 01 criminal antecedent, which has already been explained in Paragraph 4(a) of the present bail application. She further submits that under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in judicial custody since 12.04.2026, and the trial is likely to take considerable time to conclude. Therefore, she prays that the applicant be granted bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that, looking to the criminal antecedents of the 3 applicant under the Excise Act, the applicant appears to be a habitual offender. Therefore, the applicant is not entitled to the grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has only 01 criminal antecedent, which has already been explained in Paragraph 4(a) of the present bail application and also considering the fact that the charge-sheet has been filed and the applicant has been in jail since 12.04.2026 and 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, Jaykumari Khalkho, involved in Crime No. 74/2026, registered at Police Station - Tamnar, District – Raigarh (C.G.) for the offence punishable under Section 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, 4 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 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