MCRC/8139/2026 of SANJANI BAI VERMA Vs THE STATE OF CHHATTISGARH on 8 September 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. 88/2026 registered at Police Station – Excise Circle Seepat, District Bilaspur (C.G.) for offence punishable under Sections 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH

2. Case of prosecution, in brief, is that on the basis of secret information received from the informant police officers of the Excise Circle Seepat reached to the house of the applicant herein on 17.08.2026, and conducted search. During search, officers recovered 42 litres hand made Mahua liquor i.e. 40 litres hand made Mahua liquor in four jerrycans and 2 litres in two bottles. 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 liquor was not recovered from the exclusive possession of he applicant. The age of the applicant is 40 years and she has no criminal antecedent. She is in jail since 17.08.2026. Charge-sheet has not been filed yet and applicant has no criminal antecedent. He would further submit that the trial may take some time and, therefore, applicant may be released on bail.

4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit illicit liquor has been seized from the house of the applicant. Upon putting query, he would submit that there is no criminal antecedent of the applicant.

5. I have heard learned counsel for the parties and considered their submissions.

6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, charge-sheet has not been filed and also considering the age of the applicant who is 40 years old lady, she has no criminal antecedents and the trial may take some more time, 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 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)

Judge Ankit