1 CGHC010323892026 2026:CGHC:38137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7926 of 2026 1 - Durgabai Chouhan W/o Jageshwar Chouhan Aged About 35 Years R/o Village Girsa, Police Station Sarsiwan, District- Sarangarh Bilaigarh Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Excise Circle, District- Level Excise Udandasta Sarangarh, District- Sarangarh Bilaigarh, Chhattisgarh. ... Non-applicant For Applicant : Shri Vikram Pratap, Advocate. For State/Non-applicant : Ms. Samiksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.08.2026 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. 03/2026 registered at Police Station –District Level Excise Flying Squad, District NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.25 19:16:01 +0530 2 Sarangarh-Bilaigarh (C.G.) for the offence under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915. 2. The case of the prosecution, in brief, is that that on 23.06.2026, during village patrolling by the District Level Excise Flying Squad, District Sarangarh-Bilaigarh, information was received regarding illegal possession of liquor. On searching the house of applicant/accused Durgabai Chauhan situated at Village Girsa, 52 polythene pouches containing 200 ml each and 32 polythene pouches containing 100 ml each, totaling 13.60 bulk litres of handmade raw Mahua liquor, were allegedly recovered from the verandah. The liquor was seized in the presence of witnesses and the applicant was arrested. Accordingly, Crime No. 3/2026 was registered against her under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the commission of the offence. He further submits that the the alleged seizure of 13.60 bulk litres of handmade raw Mahua liquor has already been made and the applicant is no longer required for custodial interrogation. He submits that the applicant has been in jail since 23.06.2026, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has one criminal antecedents against her. It is submitted further that the allegation against the applicant is that she was found in possession of 13.60 bulk litres of handmade raw Mahua liquor, which was seized from the verandah of her house. Therefore, considering the nature of the allegation and the previous 3 criminal case, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the nature of the allegation, the quantity allegedly seized, the fact that the alleged recovery has already been effected and the applicant is in jail since 23.06.2026, therefore, this Court is of the considered view that the present applicant is also entitled to be grant regular bail. 7. Let the Applicant – Durgabai Chouhan involved in Crime No. 03/2026 registered at Police Station –District Level Excise Flying Squad, District Sarangarh-Bilaigarh (C.G.) for the offence under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915 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 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 her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 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. 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 Nikita