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2026 DAILYLAW 25970 (CHH)

UJINIYA DEVI v. STATE OF CHHATTISGARH

MCRC/6148/2026 · 2026-07-09

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1 CGHC010259612026 2026:CGHC:28888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6148 of 2026 • Ujiniya Devi W/o Samraj Aged About 37 Years R/o Kenvat Basti, Parsabhata, Balko Nagar, Thana - Balco, District Korba Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Police Station - Balco, District Korba Chhattisgarh ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Aakash Ahuja, Advocate. For State/Non-applicant : Ms. Nupur Trivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.278/2026 registered at Police Station Balco, District Korba (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 2. Case of the prosecution, in brief, is that on 14.05.2026, 10 litres of handmade liquor has been seized from the other co-accused and 50 litres of raw mahua liquor have been seized from the joint possession of the present applicant and other co-accused person namely, Pankaj DEEPTI JHA Digitally signed by DEEPTI JHA 2 Kumar Hazam. Based on above facts, the instant case was registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime question. It is further submitted that there is no direct or cogent evidence to substantiate the claim that the applicant committed the alleged offence. It is further submitted that evidence collected during the investigation is not sufficient to prove the charges beyond reasonable doubt. It is further submitted that the liquor was seized from the joint possession of the applicant and other co-accused person. He later submits that the applicant has no criminal antecedent and she is in jail since 15.05.2026. He further submits that charge sheet has not been filed, 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 counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge sheet has not been filed in the present case before the competent Court, therefore, the present applicant is not entitled for grant of 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 and the fact that the applicant has no criminal antecedent and the raw mahua liquor has been seized from the joint possession of applicant and other co-accused person. Further, considering the fact that applicant is a lady aged about 37 years, who is in jail since 15.05.2026 and the charge sheet has not been filed in the present case, this Court 3 is of the view that the applicant is entitled to be released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Ujiniya Devi, involved in Crime No.278/2026 registered at Police Station Balco, District Korba (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915, be released on bail on furnishing 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 he/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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/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/her in accordance with law. 4 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Deepti Jha