1 CGHC010231702026 2026:CGHC:30042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5712 of 2026 Anusuiya @ Guddi Kesharwani W/o Vishram Kesharwani Aged About 48 Years R/o Village Chotedevgaon, Police Station Kharsiya And District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Of The Police Station Kharsiya And District-Raigarh,(C.G.) ...Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 258/2026 registered at Police Station - Kharsiya And District - Raigarh (C.G.), for the offences punishable under Section 34(2) and 59(2) of the Excise Act. 2. The prosecution story in brief is that on 31-05-2026, the present VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:30 +0530 2 applicant was found involved in Transportation of total 6.300 liters Country and foreign liquor was seized from the possession of the applicant/accused and the taken up investigation., So on the basis of that, applicant has been arrested on 31-05-2026 in offences punishable under section 34(2), 59(A) of the C.G.Excise Act. 3. Learned counsel for the applicant submits that the applicant is an innocent woman who has been falsely implicated in the present case and has no connection whatsoever with the alleged offence. It is contended that the applicant is unaware of the circumstances in which her name came to be implicated in the case and that there is no direct or cogent evidence on record to establish that the seized contraband was in her exclusive or conscious possession. It is further submitted that, except for one previous case of the year 2015, there is no other criminal antecedent against the applicant, and even in the present case she has been falsely implicated. Learned counsel further submits that the applicant belongs to a respectable family and her continued incarceration is wholly unwarranted. The applicant has been in judicial custody since 31.05.2026, therefore, he is not entitled to be released on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has two criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in judicial custody since 31.05.2026, coupled with the fact that conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant has made out a case for grant of bail in the present matter. 7. Let the Applicant – Anusuiya @ Guddi Kesharwani, involved in Crime No. 258/2026 registered at Police Station - Kharsiya And District - Raigarh (C.G.), for the offences punishable under Section 34(2) and 59(2) of the Excise Act, be released on bail on his furnishing personal bond with two local 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 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 him, 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 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 Vaibhav