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2026 DAILYLAW 25779 (CHH)

SMT. MADHULATA DHURI v. STATE OF CHHATTISGARH

MCRC/3900/2026 · 2026-07-08

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Judgment text

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1 CGHC010168282026 2026:CGHC:28498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3900 of 2026 Smt. Madhulata Dhuri Wd/o Late Ramgopal Dhuri Aged About 41 Years R/o Village Dadaha, Police Station Chakarbhata, Tehsil Bodri, District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Excise Circle Bilha, Bilaspur Bilaspur Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Siddharth Pandey, Advocate For Non-Applicant/State : Mr. Malay Jain, 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 08/2026 registered at Police Station- Excise Circle Bilha, District- Bilaspur (C.G.), for the offence punishable under Section 34(1)A, 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that, on 17.04.2026 as per KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information received from the informant, on the basis of such information, the police officials reached on the spot, conducted raid and have seized 30 liters of Mahua Liquor (country made) and 210 Kg of Mahua Lahan from the possession of the applicant. Therefore the aforesaid crime has been registered against the applicant for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and said liquor was not seized from the exclusive possession of the applicant. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 17.04.2026 and she has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has no previous criminal antecedent however, the quantity of liquor seized from the possession of the applicant i.e. 30 liters of Mahua liquor (country made) and 210 kg of Mahua lahan, therefore, she is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, the fact that there is no criminal antecedent of the present applicant and in the present case, charge-sheet has been filed before the competent Court further she is in jail since 17.04.2026 and the quantity of liquor seized from the possession of the applicant i.e. 30 liters of Mahua liquor (country made) and 210 kg of Mahua lahan and the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 8. Let the applicant – Smt. Madhulata Dhuri, involved in Crime No. 08/2026 registered at Police Station- Excise Circle Bilha, District- Bilaspur (C.G.), for the offence punishable under Section 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 4 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 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