1 CGHC010210062026 2026:CGHC:28604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4909 of 2026 Smt. Shakuntala Sarathi W/o Akash Sarathi Aged About 35 Years R/o Gram Nandeli Indira Aawas, Kotra Road, Tehsil And District Raigarh Chhattisgarh --- Applicant versus State Of Chhattisgarh Through P.S. Kotra Road Distt. Raigarh Chhattisgarh --- Non-applicant _____________________________________________________ For Applicant :M. Vidhi Matlani, Advocate. For Non-applicant/State :Ms. Nupur Trivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No.141/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.10 13:01:09 +0530 2 Station – Kotra Road, District Raigarh (C.G.), for the offences under Sections 34(2) and 59(A) of the Excise Act. 2. Briefly stated, case of the prosecution is that on 07.05.2026, while the police authorities were on patrolling duty, they received secret information that the present Applicant was keeping hand-distilled Mahua liquor at her house situated at Village Nandeli Indira Awas for the purpose of sale. Acting upon the said information, the police conducted a raid at the house of the Applicant and allegedly seized 70 bulk litres of hand-distilled Mahua liquor, kept in one 20-litre plastic jerrycan and seven 5-litre and three 5-litre plastic jerrycans, valued at Rs.14,000/-, from her possession. Based on the aforesaid allegations, the abovementioned offences have been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is further submitted that the alleged recovery of 70 bulk litres of hand-distilled Mahua liquor is disputed and the same has been falsely planted upon the Applicant. It is submitted that the alleged search and seizure was conducted from the house which is jointly occupied by other family members and there is no material available on record to 3 establish the conscious, exclusive or constructive possession of the Applicant. It is further submitted that the Applicant is a 35-year-old woman and a first-time offender having no criminal antecedents. She lastly submits that the Applicant is in judicial custody since 07.05.2026 and the trial is likely to take considerable time for its conclusion, therefore, she may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that the Applicant is having no previous criminal antecedents and charge-sheet has been filed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the quantity of liquor allegedly seized, the fact that the alleged seized liquor was recovered from the house which is jointly occupied by other family members and there is no material available on record to establish the exclusive, conscious and constructive possession of the Applicant, the fact that the Applicant is a woman and is having no previous criminal antecedents, she is in jail since 07.05.2026, charge-sheet has been filed and further considering the likelihood of the trial taking 4 considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. Let Applicant-Smt. Shakuntala Sarathi involved in Crime No.141/2026 registered at Police Station – Kotra Road, District Raigarh (C.G.), for the offences under Sections 34(2) and 59(A) of the 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 his 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 5 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya