1 CGHC010168142026 2026:CGHC:28497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3909 of 2026 Devantin Bai Dhruv W/o Late Mohan Lal Dhruv Aged About 67 Years R/o Village Ramnagar, Hinchapur, P.S. Sihawa, District- Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Sihawa, District- Dhamtari (C.G.) ... Non-Applicant(s) For Applicant : Ms. Aditi Singhvi, Advocate For Non-Applicant/State : Mr. Shubham Bajpai, 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. 23/2026 registered at Police Station Sihawa, District Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that, on 05.04.2026, acting upon secret information received from an informant, the Excise officials KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 reached the spot, conducted a search and allegedly seized 35 bulk liters of country-made liquor from the possession of the applicant. On the basis of the aforesaid seizure, the present crime was registered against the applicant for the aforesaid offence. 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 exclusive possession. She further submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment is one year and the maximum punishment is three years. It is further submitted that the applicant is in jail since 05.04.2026, has no previous criminal antecedent, the investigation has been completed and the charge-sheet has already been filed before the competent Court. It is also submitted that no further custodial interrogation of the applicant is required and the conclusion of the trial is likely to take considerable 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, 35 bulk liters of country- made liquor has been seized from the possession of the applicant and therefore, she is not entitled to be released on 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, fact that there is no criminal antecedent of the present applicant, the applicant is in jail since 05.04.2026, the charge-sheet has already been filed before the competent Court, the quantity of liquor allegedly seized from the possession of the applicant is 35 bulk liters of country-made liquor and the conclusion of the trial is likely to 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 – Devantin Bai Dhruv, involved in Crime No. 23/2026 registered at Police Station Sihawa, District Dhamtari (C.G.), for the offence punishable under Section 34(2) 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 4 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. 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