1 CGHC010302082026 2026:CGHC:38688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7238 of 2026 1 - Manki Bai Tandan W/o Late Samelal Tandan Aged About 50 Years R/o Ward No.15 Akaltara, P.S. Akaltara, District Janjgir Champa Chhattisgarh Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Akaltara, District Janjgir Champa Chhattisgarh Respondent(s) For Applicant (s) : Mr. C. P. Lahrey, Advocate For Respondent(s) : Mr. Sourabh Sahu, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 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.363/2026, registered at Police Station Akaltara, District Janjgir-Champa (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 on 25.06.2026 on the basis of a secret information by the informant, the Police seized 11 litres of country made liquor from the possession of the applicant, thereafter a case was registered against the accused and she 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 seized article does not belong to the applicant. The applicant is a lady, aged about 50 years, and is in jail since 25.06.2026, she has 3 criminal antecedents, out of which two have been disposed of, whereas only one criminal antecedent is pending, charge sheet has 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 illicit liquor has been seized from the possession of the applicant, 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 50 years, and she is in jail since 25.06.2026, she has 3 criminal antecedents, out of which two 3 have been disposed of, whereas only one criminal antecedent is pending against her, 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. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Manki Bai Tandan, involved in Crime No.363/2026, registered at Police Station Akaltara, District Janjgir-Champa (C.G.) for the offence punishable under Section 34 (2) of Excise Act, be released on bail on her 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 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 him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his/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 his/her, in 4 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/her 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