1 CGHC010151262026 2026:CGHC:28562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3957 of 2026 Moharmaniya Chouhan W/o Late Ramkumar Aged About 57 Years R/o Namnakala Shani Mandir P.S. Gandhinagar, District- Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Divisional Excise Flying Squad Ambikapur District- Surguja (C.G.) ... Non-Applicant(s) For Applicant : Mr. Nishi Kant Sinha, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 186/2026 registered at Police Station – Divisional Excise Flying Squad, Ambikapur, District Surguja (C.G.), for the offences punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on the basis of information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 received, the Excise Department conducted a search at the house of the applicant, wherein 07 bulk liters of hand-made Mahua liquor kept in plastic bags was allegedly recovered from her possession. Accordingly, the aforesaid crime was registered against the applicant for the aforementioned offences. After completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and the alleged liquor was not seized from her conscious possession, as there were other family members residing in the same house who have not been arrayed as accused. He further submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum prescribed punishment is one year and the maximum punishment is three years and the applicant is a lady who is in judicial custody since 08.03.2026. It is further submitted that she has small children to look after, the investigation has been completed and charge-sheet has already been filed. He further submits that though the applicant has two previous criminal antecedents of similar nature, both pertain to the year 2006, the trials therein have already been concluded and both the cases have been disposed of and there is no recent criminal antecedent against her. It is also submitted that the conclusion of the trial is likely to take some time hence, he prays that the applicant be enlarged on regular bail. 4. On the other hand, learned Panel Lawyer appearing for the State opposes the bail application and submits that 07 bulk liters of hand- 3 made Mahua liquor has been seized from the possession of the applicant and further the applicant has two previous criminal antecedents of similar nature, though both are of the year 2006 and the trials therein have already been concluded and the same have been disposed of as the same has been explained in the bail application of para 4(A). It is also submitted that the charge-sheet has been filed before the competent Court. Therefore, considering the antecedents of the applicant, she is not entitled to be released on 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 fact that the applicant is a lady and she is in judicial custody since 08.03.2026, the charge-sheet has already been filed before the competent Court and the quantity allegedly seized from her possession is 07 bulk liters of hand-made Mahua liquor and further the applicant has two previous criminal antecedents of similar nature, however, both relate to the year 2006 and the trials therein have already been concluded and the same have been disposed of as explained in the bail application of para No.4(A) and 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. 8. Let the applicant – Moharmaniya Chouhan, involved in Crime No. 4 186/2026 registered at Police Station – Divisional Excise Flying Squad, Ambikapur, District Surguja (C.G.), for the offences punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act, be released on bail on her 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 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. 5 (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 him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. directed to send a certified copy of this order to the trial Court fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal