1 2026:CGHC:4501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9808 of 2025 Basanti Sarathi W/o Late Raju Sarathi Aged About 39 Years R/o Village- Chotiguda, P.S.- Gharghoda, Distt.- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station-In-Charge Gharghoda, Distt.- Raigarh (C.G.) ... Respondent For Applicant : Shri Anuroop Panda, Advocate. For Respondent/State : Shri Saumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.275/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.28 18:29:24 +0530 2 Gharghoda, Distt. Raigarh (CG) for the offence punishable under Section 34(2) & 59 (A) of Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 17.10.2025, a patrolling was conducted, during patrolling, police authority received a information from an informer that Basanti Sarathi of village Chotiguda is illegally manufactured raw Mahua liquor in her house and has kept a huge quantity of liquor for sale. On information, summons was issued under section 179 B.N.S.S. and summoned witnesses Ajay Kumar Sarathi, Maniram Sarathi, Mrs. Jayamala Sarathi reached at the place of the present applicant. It is alleged that search was conducted and it is alleged that she had been illegally manufacturing and storing raw Mahua liquor for sale. She was found in possession of 3 blue plastic drum, containing 20 liters each, totaling 60 liters of raw Mahua liquor worth Rs. 9,000, 3 aluminum containers used for making liquor, 2 blue plastic drums containing approximately 1 quintal of odorous Mahua liquor. Hence the present applicant committed the offence under sections 34(2) & 59 (A) of Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 60 bulk liters of raw Mahua liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that applicant is in jail since 17/10/2025 and the conclusion of the trial is likely to take 3 quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has one criminal antecedent under the Excise Act of the year 2023 which is pending. He further submits that 60 bulk liters of raw Mahua liquor was recovered from the possession of the applicant, therefore, she is not entitled for grant of bail. 5. I have heard learned counsel appearing 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, she is in jail since 17/10/2025, further the fact that the applicant has one criminal antecedent under the Excise Act of the year 2023 which is pending, charge-sheet has been filed and also considering the fact that conclusion of the trial may take some more time, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant - Basanti Sarathi, involved in Crime No.275/2025 registered at Police Station Gharghoda, Distt. Raigarh (CG) for the offence punishable under Section 34(2) & 59 (A) of Chhattisgarh Excise Act, be released on bail on her furnishing a 4 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. (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. 5 (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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice gouri