1 CGHC010189052026 2026:CGHC:30060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4595 of 2026 Somarin Bai W/o Shri Phool Singh Dhanudhar Aged About 39 Years R/o Dhanuhar Para Village Salhekapa, Post Kargikala, Police Station Takhatpur, Tahsil Takhatpur, District Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Excise Circle Takhatpur, District Bilaspur C.G. ... Non-applicant(s) For Applicant : Mr. Syed Afaque Hussain Rizvi, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 13/2026, registered at Police Station : Excise Circle, Takathpur District- Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59 of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the Police of Police Station Excise Circle, Takathpur District- Bilaspur, received a KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information from the informant and on the basis of such information, conducted raid and have seized 20 liters in a 20-liter capacity jerrycan, 10 liters in a 10-liter capacity jerrycan and 15 liters in 3-piece 5-liter capacity plastic jerrycans, total 45 liters handmade Mahua liquor from house of applicant. Therefore, the aforesaid offences were registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. He further submit that submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 18.04.2026 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has not filed before the competent Court and the applicant has no criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. 45 liters of handmade Mahua liquor therefore, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and in the 3 present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized from the possession of the applicant i.e. 45 liters of handmade Mahua liquor and she is in jail since 18.04.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application is allowed. 8. Let applicant, Somarin Bai, involved in Crime No. 13/2026, registered at Police Station : Excise Circle, Takathpur District- Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59 of the C.G. Excise Act., 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal