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2026 DAILYLAW 34396 (CHH)

SMT. NEHA KHUNTE v. STATE OF CHHATTISGARH

MCRCA/1424/2026 · 2026-08-31

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Judgment text

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1 CGHC010333332026 2026:CGHC:38636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1424 of 2026 Smt. Neha Khunte W/o Shri Ajay Khunte Aged About 22 Years R/o Jagdalla Ward No.26. Champa Police Station - Champa, Distt- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Champa, Distt- Janjgir-Champa (C.G.) ... Respondent(s) For Applicant : Shri Vivek Kumar Shrivastava, Advocate For Respondent(s) : Shri Shailendra Sharma, Panel lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 01/09/2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) has been filed by the applicant, who is apprehending her arrest in connection with Crime No.412/2026 registered at Police Station – Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 121(1), 132, 221, 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 30/07/2026, Inspector- Ashok Vaishnav of Police Station Champa along with police staff proceeded from Chhuiya Talab towards the house of Anil Khunte for conducting a raid against the illegal sale of liquor and during the raid at the house of SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.09.01 19:13:25 +0530 2 Anil Khunte, 40 liters of illicit distilled Mahua liquor (hand-distilled liquor) was found in his possession. During the course of the proceedings, accused Anil Khunte, accused Ajay Khunte, applicant Neha Khunte, wife of accused Ajay Khunte, and another woman, acting in furtherance of their common intention, obstructed the police personnel in the discharge of their official duties, manhandled them and behaved indecently with them, as a result of which the police personnel sustained injuries. In connection with the said crime, the applicant apprehend her arrest. 3. Learned counsel for the applicant submits that the applicant is a lady and innocent and has been falsely implicated in this case. It is further submitted that during the raid conducted by the police, nothing objectionable was found in possession of the applicant and the police team has prepared a forged case against her husband and the present applicant. It is also submitted that no ingredients of the alleged offences are made out and the FIR has been lodged without any substantive documentary evidence. The applicant undertakes to cooperate with the investigation, abide by all conditions, and, being permanent residents, there is no likelihood of absconding or tampering with evidence; hence, she deserves to be enlarged on bail. 4. On the other hand, learned State counsel, appearing for the non applicant/State, opposes the prayer for grant of anticipatory bail to the applicant by submitted that there is one criminal antecedent under the Excise Act is pending against the present applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submission of 3 learned counsel for the applicant, materials available on record, also considering the fact that there is nothing objectionable was found in her possession and the allegations levelled against the present applicant are primarily based on assertions which would be subject to appreciation during trial. Furthermore, the applicant is a lady and there is one criminal antecedent under the Excise Act is pending against the present applicant and the fact that the investigation is at a preliminary stage, and no specific circumstances have been brought on record, without commenting on the merits of the case, this Court is of the considered opinion that the applicant has made out a case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Neha Khunte, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of his adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve herself in any 4 offence of similar nature in future. SD/- (Ramesh Sinha) Chief Justice Tumane