1 CGHC010143742026 2026:CGHC:28567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3945 of 2026 Duj Bai W/o- Sukh Singh Aged About 30 Years R/o- Village Parsabhauna, Thana Urga , District-Korba (C.G.) ... Applicant versus State of Chhattisgarh Through- Excise Circle, Korba (South), District- Korba (C.G.) ... Non-Applicant (Cause Title taken from Case Information System) For Applicant : Mr. Vikas Pandey, Advocate. For Non-Applicant : Mr. Ritika Verma, 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 short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 323/2026 registered at Police Station Excise Circle, Korba (South), District Korba (C.G.), for the offence punishable under Sections 34(1)(d), 34(2) & 59(d) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 21.03.2026, as per secret information received from informant, police made search of courtyard of applicant and seized 35.5 litre hand made Kacchi Mahua liquor and 195 kg Mahua Lahan from the possession of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the applicant, hence, aforesaid offences has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is young lady and has been falsely implicated in this case. He further submits that as alleged by the prosecution, 35.5 litre hand made Kacchi Mahua liquor and 195 kg Mahua Lahan were not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has no previous criminal antecedents and the applicant is in jail since 21.03.2026 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. Per contra, learned counsel for the State/non-applicant would oppose the bail application, however, she admits that there is no previous criminal antecedent of the applicant and the charge- sheet has already been filed in the present case before the competent Court. He further submits that 35.5 litre hand made Kacchi Mahua liquor and 195 kg Mahua Lahan were not seized from the exclusive possession of the applicant was recovered from the possession of the applicant, 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent she is in jail since 21.03.2026 and the charge-sheet has already been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. Let the applicant – Duj Bai, involved in Crime No. 323/2026 registered at Police Station Excise Circle, Korba (South), District Korba (C.G.), for the offence punishable under Sections 34(1)(d), 34(2) & 59(d) of the Chhattisgarh Excise Ac, be released on bail on his 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 his counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Chandra/Kunal