1 CGHC010185752026 2026:CGHC:28556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4412 of 2026 Surajmati W/o Kanhaiyalal Sen Aged About 33 Years (Wrongly Mentioned Kanhiya Lal Chauhan In Impugned Order), R/o Bijkot, Police Station- Chakradhar Nagar, Tah. And Distt.- Raigarh (C.G.) ... Applicant(s) versus State of Chhattisgarh Through- Station House Officer P.S. Chakradharnagar, Distt.- Raigarh (C.G.) ...Non-applicant(s) (Cause-title taken from Case Information System) For Applicant : Mr. Mohammed Waquar Rizvi, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 172 of 2026 registered at Police Station – Chakradharnagar, District Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(क) of C.G. Excise Act. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.07.10 10:41:10 +0530 2 2. The prosecution case, in brief, is that on 21.04.2026, the police received credible information from an informer that the present applicant was illegally possessing and storing Mahua (country- made) liquor at her residence. Acting upon the said information, the police party proceeded to the spot, conducted a search in accordance with law and allegedly recovered and seized 30 bulk litres of Mahua liquor from the baadi (courtyard) of the applicant. Consequently, the applicant was arrested and the aforesaid crime was registered against her. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that nothing has been recovered from the conscious and exclusive possession of the applicant and that she has been made an accused merely on the basis of suspicion. It is further submitted that the applicant is a lady, has no previous criminal antecedents, and the investigation has already been completed. The charge-sheet has been filed before the competent Court and, therefore, her further custodial detention is not required. He also submitted that the applicant has been in judicial custody since 21.04.2026, and the trial is likely to take considerable time for its conclusion. Hence, it is prayed that the applicant be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that 30 bulk litres of Mahua liquor have been seized from the possession of the applicant, which is a 3 commercial quantity attracting the provisions of Section 34(2) of the Chhattisgarh Excise Act. He further submits that looking to the nature and gravity of the offence and the quantity of liquor seized, the applicant does not deserve the benefit of bail. However, he fairly submits that the investigation has been completed, the charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties, considered their rival submissions and perused the case diary as well as the material available on record. 6. Having regard to the facts and circumstances of the case, particularly considering that the applicant is a lady having no previous criminal antecedents; that the investigation has been completed and the charge-sheet has already been filed before the competent Court; that the applicant has been in judicial custody since 21.04.2026; and that the trial is likely to take considerable time to conclude, this Court is of the considered opinion that the continued detention of the applicant is not warranted. Accordingly, without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of regular bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Surajmati, involved in Crime No. 172 of 2026 registered at Police Station – Chakradharnagar, District Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(क) of C.G. Excise Act, be released on bail on her furnishing a 4 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. rt fo forthwith. - S/- Sd/-- (Ramesh Sinha) Chief Justice Brijmohan