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2026 DAILYLAW 31985 (CHH)

SMT. NIRMALA THAKUR v. STATE OF CHHATTISGARH

MCRC/6642/2026 · 2026-08-20

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Judgment text

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1 CGHC010265072026 2026:CGHC:37628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.6642 of 2026 1 - Smt. Nirmala Thakur W/o Late Shri Pawan Thakur Aged About 45 Years R/o Village Khamhariya, Police Station Sipat, District Bilaspur (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through Police Station Excise Circle Sipat Distt. Bilaspur (C.G.) Respondent(s) For Applicant (s) : Mr. Sanjay Kumar Sahu, Advocate For Respondent(s) : Ms. Ritika Verma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.58/2026, registered at Police Station Excise Circle, Seepat, District Bilaspur (C.G. for the offence punishable under Section 34 (2) of Excise Act. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that the applicant was found in possession of 42 litres of country made liquor illegally, thereafter a case was registered against the accused and he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the applicant is a lady, aged about 45 years, she has no criminal antecedents and she is in jail since 20.06.2026, charge sheet has already been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the applicant was in possession of 42 litres of country made liquor, as such she is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the applicant is a lady, aged about 45 years, she has no criminal antecedents, she is in jail since 20.06.2026, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 3 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Smt. Nirmala Thakur, involved in Crime No.58/2026, registered at Police Station Excise Circle, Seepat, District Bilaspur (C.G. for the offence punishable under Section 34 (2) of Excise Act, be released on bail on 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/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. 4 (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.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala