Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 34958 (CHH)

SAKUN BAI KANWAR v. STATE OF CHHATTISGARH

MCRC/8265/2026 · 2026-09-07

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 CGHC010333272026 2026:CGHC:39362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8265 of 2026 • Sakun Bai Kanwar W/o Avas Kumar Kanwar, Aged About 53 Years Resident Of Village Pond, Tehsil And Police Station Panduka, District Gariyaband, C.G. ... Applicant versus • State Of Chhattisgarh Through Police Station Panduka, District Gariyaband, C.G. ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate For State : Dr. Surendra Dewangan, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/09/2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 89/2026 registered at Police Station – Panduka, District Gariyabad (C.G.) for offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of prosecution in brief is that on 28.07.2026, police of police station Panduka received secret information that applicant is in possession of illegal liquor in her house. Based on the information, police reached the house of applicant and conducted search. During search, police recovered 22 bulk litre PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 of hand made Mahua liquor containing in four jerrycans. Based on the seizure, applicant was arrested on same date. 3. Learned counsel for applicant submits that the applicant is innocent, she has been falsely implicated in the instant case. The alleged illicit liquor has been seized from the house where other inmates also reside and applicant has been implicated in the crime. She is in jail since 28.07.2026. Offence is triable by Judicial Magistrate First Class, charge-sheet has been filed, trial may take some time and therefore, she may be released on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that there is one criminal antecedent against applicant of similar nature of the year 2025. However, he does not dispute the fact that seizure of illicit liquor is from the house of applicant. 5. I have heard learned counsel for the parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, and the fact that charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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 3 / 3 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. (d) 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 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/- (Parth Prateem Sahu) pwn JUDGE