1 CGHC010333282026 2026:CGHC:38358 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7987 of 2026 Hira Bai Ratre W/o Kartik Ratre Aged About 28 Years R/o. Village Khatti, P.S. And Tehsil Komakhan, District Mahasamund (C.G.) (D/o. Wrongly Mentioned In Ann. P/1) ... Applicant(s) versus State Of Chhattisgarh Through - P.S. Excise Circle Mahasmund Antrik, District Mahasamund (C.G.) ... Non-applicant(s) For Applicant : Mr. Shubhank Tiwari, Advocate For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. The applicant has filed the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 64/2026 registered at Police Station Excise Circle Mahasamund Antrik, District Mahasamund (C.G.) for the offences punishable under Sections 34(1)(a), 34(2), 36 and 59-A of the C.G. Excise Act. 2. As per the case of prosecution, on receiving secret information regarding illegal possession of country-made liquor, the officials of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Police Station Excise Circle Mahasamund, District Mahasamund (C.G.), conducted a raid and allegedly recovered and seized 34.6 litres of country-made liquor from the possession of the present applicant. Thereafter, notice was issued to the applicant to produce the requisite documents/authority regarding possession of the said liquor, but she failed to produce the same. Consequently, FIR was registered against the applicant for the aforesaid offences under the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged against her. He further submits that under the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant is in jail since 26.06.2026 and charge-sheet has already been filed before the competent Court and further the applicant has no criminal antecedents, as has been explained in the bail application in Part-D relating to criminal antecedents and the trial is likely to take some time for its conclusion. Hence, it is prayed that the applicant may kindly be enlarged on bail. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedents however, he submits that from the possession of the present applicant 36.6 liters of country- made liquor was seized and as such, she is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 36.6 liters of country-made liquor and she is in jail since 26.06.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant bail to the present applicant. 7. Accordingly, the bail application is allowed. 8. Let applicant, Smt. Hira Bai Ratre, involved in Crime No. 64/2026 registered at Police Station Excise Circle Mahasamund Antrik, District Mahasamund (C.G.) for the offences punishable under Sections 34(1)(a), 34(2), 36 and 59-A of the C.G. Excise Act, be released on bail on furnishing 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. 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. 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 Kunal