1 CGHC010211042026 2026:CGHC:30989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5315 of 2026 1 - Smt. Alka Banjare W/o Teku Banjare Aged About 37 Years R/o Ward No. 13 Guru Ghasidas Mohalla, Akaltara, P.S. And Tehsil- Akaltara, District- Janjgir- Champa (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through District Magistrate Janjgir- Champa District- Janjgir- Champa (C.G.) Police Station Akaltara, District- Janjgir- Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pawan Shrivastava, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/07/2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, RUCHI YADAV Digitally signed by RUCHI YADAV 2 "BNSS"), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 236/2026 registered at Police Station- Akaltara, District- Janjgir- Champa (C.G.), for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2. As per the prosecution case, on 01.05.2026, while on patrol duty, the police received credible information that illicit liquor was being transported on a TVS Excel motorcycle bearing registration No. CG11-AZ-5541. Acting upon the information, the vehicle was intercepted, and a quantity of country-made liquor was allegedly recovered from the possession of the co-accused. During interrogation, the co-accused disclosed that they had supplied liquor to the house of the present applicant and her husband. Pursuant to the said disclosure, a search was conducted at the applicant's residence in the presence of the Executive Magistrate, during which a substantial quantity of country-made liquor and whisky, along with cash allegedly representing the sale proceeds, was recovered and seized. On the basis of the said recovery, the present crime was registered against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 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 no contraband was recovered from the exclusive possession of the applicant. It is further submitted that the applicant is a 37-year-old housewife who has been implicated 3 without any cogent material merely on account of her previous involvement in a similar case, in which she has already been acquitted. It is also submitted that the applicant has been in judicial custody since 01.05.2026, and the trial is likely to take considerable time to conclude. Accordingly, it is prayed that the applicant be enlarged on bail. 4. Per contra, learned State counsel opposes the bail application and submits that although the applicant has been acquitted, she has one previous criminal antecedent under the Excise Act. It is, therefore, prayed that the bail application be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature of the allegations, the fact that the applicant is a woman aged about 37 years, the period of custody undergone by her since 01.05.2026, and the fact that the trial is likely to take considerable time to conclude, this Court is of the view that, without commenting on the merits of the case, the applicant deserves to be released on bail. The criminal antecedent pointed out by the learned State counsel has already resulted in acquittal. Accordingly, the bail application is allowed. 7. Let the applicant – Alka Banjare, involved in Crime No. 236/2026 registered at Police Station- Akaltara, District- Janjgir- Champa (C.G.), for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act, be released on bail on her furnishing a 4 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 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 5 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