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2026 DAILYLAW 33053 (CHH)

NEHA KANDRA v. STATE OF CHHATTISGARH

MCRC/7526/2026 · 2026-08-13

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Judgment text

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1 CGHC010310092026 2026:CGHC:36303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7526 of 2026 Neha Kandra W/o Gulab Kandra Aged About 27 Years R/o- Sarona Basti, P.S.- D.D. Nagar, Tahsil And District- Raipur, (C.G.) ...Applicant versus State Of Chhattisgarh Through- S.H.O. P.S.- D.D. Nagar, Raipur District- Raipur, C.G. ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.08.2026 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. 359/2026, registered at Police Station – D.D. Nagar, Raipur District- Raipur (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. Case of the prosecution in brief, is that on 06.06.2026, the Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.14 16:07:22 +0530 2 Station D.D. Nagar, District Raipur, upon information received from an informer, reached near Sarona Shakti Ghat, where the applicant was allegedly found carrying a white plastic bag containing 105 quarter bottles (180 ml each) of country-made liquor, measuring 18.900 bulk liters, valued at Rs.10,500/-, allegedly kept for illegal sale. The police seized the liquor, registered F.I.R as Crime No. 359/2026 for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act and arrested 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 submitted that the alleged liquor was not seized from the exclusive possession of the applicant and there is no prima facie material establishing her involvement in the alleged offence. The applicant has been in judicial custody since 06.06.2026 and is the sole earning member of her family, having small children who are facing financial hardship due to her incarceration. It is further submitted that the applicant is a permanent resident of Sarona Basti, Police Station D.D. Nagar, District Raipur, has deep roots in society, and there is no likelihood of her absconding, tampering with the prosecution evidence or influencing the witnesses. She is ready to cooperate with the trial and abide by all conditions imposed by this Hon’ble Court. Therefore, the applicant prays for grant of bail. 4. On the other hand, learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. It was further submitted that the applicant has one criminal antecedent, therefore, the applicant is not entitled to the grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence 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 jail since 06.06.2026, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let applicant, Neha Kandra, involved in Crime No.359/2026, registered at Police Station – D.D. Nagar, Raipur District- Raipur (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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, 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 4 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. 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 vaibhav