1 CGHC010215872026 2026:CGHC:28687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5055 of 2026 1 - Smt. Bindu Markam W/o Nandlal Markam Aged About 42 Years R/o Village - Kosami (B), Police Station- Gariyaband, District - Gariyaband (C.G) … Applicant(s) versus 1 - State of Chhattisgarh Through Station House Office, Police Station - Gariyaband, District - Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. Devesh G. Kela, Advocate For Respondent(s)/State : Ms. Nupur Trivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicant, who has RUCHI YADAV Digitally signed by RUCHI YADAV 2 been arrested in connection with Crime No. 81/2026 registered at Police Station- Gariyaband, District- Gariyaband (C.G.), for the offence punishable under Section 34 (1) of Excise Act. 2. According to the prosecution case, on 05.04.2026, while on patrolling duty, the police personnel of Police Station Gariyaband, District Gariyaband (C.G.), received secret information that the applicant had stored illicit Mahua liquor for the purpose of sale in his badi. Acting upon the said information, the police proceeded to the applicant's house and conducted a search of the house as well as the adjoining badi. During the search, 7.222 litres of illicit Mahua liquor was allegedly recovered and seized. Consequently, the police registered the present offence against the applicant in accordance with law. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged contraband liquor was not seized from the conscious or exclusive possession of the applicant. Rather, the alleged liquor was recovered from an open place, namely a badi situated near the applicant's house, which is neither owned nor possessed by the applicant. Learned counsel further submits that the charge-sheet has already been filed, the applicant has been in judicial custody since 05.04.2026 and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicant be enlarged on bail. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is further contended that the applicant has a criminal antecedent involving an offence under the Chhattisgarh Excise Act. therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering that the alleged contraband liquor was recovered from an open place and not from the conscious or exclusive possession of the applicant, the charge-sheet has already been filed, the applicant has remained in judicial custody since 05.04.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, without expressing any opinion on the merits of the case, the present bail application is allowed. 7. Let the applicant – Smt. Bindu Markam, involved in Crime No. 81/2026 registered at Police Station- Gariyaband, District- Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, 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:- 4 (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 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 5 trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi