1 2026:CGHC:16120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3132 of 2026 1. Sarojani Sonwani W/o Raju Sonwani Aged About 45 Years Resident of Bhagatsingh Ward Bhatapara Police Station Bhatapara City District- Balodabazar-Bhatapara (C.G.) 2. Sahodra Gendare W/o Tejiram Gendare Aged About 43 Years Resident Of Mahasati Ward Bhatapara Police Station Bhatapara City District- Balodabazar-Bhatapara (C.G.) (Description Of Applicants Mentioned As Per Charge Sheet) ... Applicants versus State of Chhattisgarh Through The Station House Officer Police of Police Station - Bhatapara City, District- Balodabazar-Bhatapara (C.G.) ... Non-Applicant For Applicants : Ms. Deblina Maity, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.04.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.31/2026 registered at Police Station - Bhatapara City, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, Section 78 of Juvenile Justice Act and Section 95 of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.09 13:26:51 +0530 2 2. As per the prosecution story, in brief, on 05.02.2026, the police of Police Station Bhatapara (City) received information, and on the basis of the said information, reached Parshuram Ward, Tarenga Road. There, upon checking an e-rickshaw in which the accused persons were seated, the police recovered 41 paw (Sawa Shera) of Deshi Masala liquor from the bag of Applicant No. 1, Sarojani Sonwani, and 30 paw (Sawa Shera) of Deshi Masala liquor from the bag of Applicant No. 2, Sahodra Gendari. The police also recovered illicit liquor from the joint possession of all the accused persons, totaling 35.640 bulk liters of country-made liquor. Accordingly, the offence was registered, and a charge-sheet has been filed before the concerned Court. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that the alleged liquor was not recovered from the possession of the present applicants, but was seized from an open place. He also submits that applicant No. 1 has three previous criminal antecedents, out of which he has been acquitted in two cases and one case is pending, and that applicant No. 2 has one previous criminal antecedent under the Excise Act, which is pending. He further submits that the charge-sheet has been filed in the present case and that the applicants have been in jail since 05.02.2026. It is also argued that under Section 34(2) of the C.G. Excise Act, the minimum punishment is one year and the maximum punishment is three years, and that the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further endorses 3 the fact that applicant No. 1 has one previous criminal antecedents and that applicant No. 2 has one previous criminal antecedent under the Excise Act, which is pending, hence, they are not entitled to the 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 applicants and the fact that the applicant No. 1 has three previous criminal antecedents, out of which he has been acquitted in two cases and one case is pending, and that applicant No. 2 has one previous criminal antecedent under the Excise Act, which is pending, further the charge-sheet has been filed in the present case and that the applicants have been in jail since 05.02.2026, the conclusion of the trial may take some more time, 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. Let the applicant Nos. 1 and 2 - Sarojani Sonwani and Sahodra Gendare, involved in Crime No.31/2026 registered at Police Station - Bhatapara City, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, Section 78 of Juvenile Justice Act and Section 95 of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 him, in accordance with law, under Section 209 of BNS. (iv) The applicants 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 are 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 them 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti