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2026 DAILYLAW 38676 (CHH)

KUMODINI CHOUHAN v. STATE OF CHHATTISGARH

MCRC/8541/2026 · 2026-10-06

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010358032026 2026:CGHC:43460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8541 of 2026 1 - Kumodini Chouhan W/o Omkar Chouhan Aged About 29 Years R/o Village Arekel, Ward No. 16, Tahsil And P.S. - Basna, Distt. Mahasamund Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station - Basna, District - Mahasamund Chhattisgarh ...Non-applicant For Applicant : Ms. Gayatri Chauhan, Advocate For Non-applicant : Ms. Sourabh Sahu, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 07/10/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 446/2026, registered at Police Station Basna District Mahasamur Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that the officers of Police Station concerned received a secret information from the informant and on the basis of the said information conducted a raid and seized 40 bulk liters of country made liquor from the possession of the applicant, thereafter, Police has registered an aforesaid offence against the present applicant. Digitally signed by JYOTI JHA Date: 2026.10.08 11:07:43 +0530 2 3. Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in the present case and she is innocent. The applicant has one criminal antecedents under Section Chhattisgarh Excise Act. Learned counsel would further submit that the applicant is in jail since 16.08.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude; thus, he would pray that the applicant may be enlarged on regular bail. 4. On the other hand, the learned State counsel would oppose the bail application and submit that the applicant has one criminal antecedents of similar nature. He would further submit that 40 bulk liters of country made liquor was seized from the possession of the present applicant, therefore, she is not entitled to grant of regular bail. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and considering the fact that the applicant has one criminal antecedent of similar nature, the quantity of liquor seized, and further considering the fact that the applicant is in jail since 16.08.2026, and the trial is likely to take some time to conclude, this Court is inclined to grant regular bail to the applicant. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, she shall be released on bail, on following conditions :- 3 (I) she 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, (ii) she shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) she shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Jyoti