1 2026:CGHC:16692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2343 of 2026 Sakuntala Sidar W/o Prahalad Sidar Aged About 33 Years R/o Village Kusmura, Post - Kotra, Tehsil And District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Kotra Road, District Raigarh Chhattisgarh ... Respondent For Applicant : Mr. Kamlesh Patel, Advocate For State/ Respondent : Ms. Smiriti Shrivastava, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.47/2026, registered at Police ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.13 16:54:20 +0530 2 Station: Kotra Road, District-Raigarh (C.G.) for the o8ence punishable under Sections 34(2) and 59(a) of the C.G. Excise Act. 2. The case of the prosecution, In brief, the prosecution case is that on 16.02.2026, the police received secret information from an informer that the applicant was in possession of illicit Mahua liquor, upon which the police proceeded to the spot and conducted a search, during which approximately 20 litres of Mahua liquor was allegedly recovered from a plastic bucket of white, blue, and yellow colour. The said liquor was seized and, on the basis of such seizure, an o8ence under Sections 34(2) and 59(a) of the C.G. Excise Act was registered against the applicant, who was subsequently arrested on the same day, and after completion of investigation, the charge-sheet has been Aled. 3. Learned counsel for the applicant submits that the applicant is innocent, has been falsely implicated, and has no connection with the alleged o8ence. It is contended that no incriminating material has been seized from her conscious possession and the essential ingredients of the alleged o8ences are not made out. It is further submitted that the applicant is in judicial 3 custody since 16.02.2026, the charge-sheet has already been Aled, she has no criminal antecedents, and undertakes to cooperate with the trial. 4. Per contra, learned counsel for the State opposes the application and submits that a substantial quantity of illicit liquor has been recovered from the possession of the applicant pursuant to credible information, which prima facie establishes her involvement in the o8ence, and therefore, she is not entitled to bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly that the applicant is a 33-year-old lady with no criminal antecedents, the quantity allegedly seized is not of such magnitude so as to necessitate continued incarceration, and that the applicant has been in judicial custody since 16.02.2026 with the charge-sheet already Aled and the investigation completed, this Court is of the considered opinion that further custodial detention of the applicant is not warranted. Considering also that the trial is likely to take some time for its conclusion, this Court Ands it appropriate to allow 4 the application. 7. Accordingly, the bail application is allowed. 8. Let applicant, Sakuntala Sidar, involved in Crime No.47/2026, registered at Police Station: Kotra Road, District-Raigarh (C.G.) for the o8ence punishable under Sections 34(2) and 59(a) of the C.G. Excise Act be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall le an undertaking to the eect that he shall not seek any adjournment on the dates xed 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 xed, either personally or through his counsel. In case of his absence, without su"cient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of 5 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates xed 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 su"cient 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. 9. OCce is directed to provide a certiAed copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Arpan