1 CGHC010167462026 2026:CGHC:29390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4008 of 2026 1 - Nonibai Gond W/o Sunder Gond Aged About 47 Years R/o Village Sabriya Dera, Semariya, P.S. Pamgarh, District Janjgir-Champa (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Pamgarh, District Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pawan Kumar Kashyap, Advocate For Respondent(s)/State : Ms. Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/07/2026 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 been arrested in connection with Crime No. 145/2026 registered at Police Station- Pamgarh, District- Janjgir- Champa (C.G.), for RUCHI YADAV Digitally signed by RUCHI YADAV RUCHI YADAV Digitally signed by RUCHI YADAV 2 the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2. According to the prosecution case, on 07.04.2026, while on patrol duty, upon receiving secret information from an informer, Sub- Inspector Krishna Kumar Sahu conducted a search at the house of the accused situated at Semriya Sabariya Dera. During the search, a total of 40 litres of raw hand-made mahua liquor was allegedly found stored in the courtyard of the house. Thereafter, the offence was registered against the applicant. 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 applicant has no criminal antecedents. Learned counsel further submits that the charge-sheet has already been filed, the applicant has been in judicial custody since 07.04.2026, 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. 4. Per contra, learned State counsel opposes the prayer for grant of bail. However, she fairly submits that the charge-sheet has already been filed before the competent Court and the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the nature of the allegations, the fact that the charge-sheet has already been filed and, therefore, further 3 custodial interrogation of the applicant is not required, the period of incarceration undergone by the applicant since 07.04.2026 and the fact that the applicant has no criminal antecedents, this Court is of the opinion that the present is a fit case for grant of bail. Considering that the conclusion of the trial is likely to take considerable time, without commenting on the merits of the case, the application deserves to be and is accordingly allowed. 7. Let the applicant – Nonibai Gond, involved in Crime No. 145/2026 registered at Police Station- Pamgarh, District- Janjgir- Champa (C.G.), for the offence punishable under Section 34 (2) of 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:- (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 4 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. 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