CHANDA DHRITLAHARE vs STATE OF CHHATTISGARH

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CGHC010319522026 2026:CGHC:38616
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8061 of 2026
Chanda Dhritlahare W/o Chandrashekhar Dhritlahare Aged About 32
Years R/o Nagar Palika Parishad Odaka P.S.- Aarang, Distt. Raipur
(C.G.) (Note Ghritlahare Surname Wrongly Mentioned In Impugned
Order Sheet)
... Applicant
versus
State Of Chhattisgarh Through Police Station Excise Circle Aarang,
District Raipur (C.G.)
... Non-Applicant
For Applicant : Shri Suraj Patel, Advocate.
For Non-Applicant : Smt. Smriti Shrivastava, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01/09/2026
1. This is the first bail application filed under Section 483 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No.74/2026 registered at Police Station Excise Circle Aarang,
District Raipur (C.G.) for the offence under Sections 34 (2) & 59
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.01
19:33:52
+0530
KRISHNA
KUMAR
BARVE

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(A) of the Excise Act.
2. The prosecution case, in brief, is that on 03/07/2026, the police,
after receiving tip from the informer, visited the house of the
accused situated at village Odhaka Ratbahiniya para, and police
searched the house of applicant in front of witnesses and on
which 50 pieces & 24 pieces quarter country liquor masala total
13.32 bulk litre of liquor (country liquor masala sharab) of Rs.
7400 was found from the applicant and the same was confiscated.
The applicant was served with notice u/s 94 of B.N.S.S., 2023
upon which she failed to submit any document. On the basis of
the said search, the prosecution has registered the crime against
the present applicant. Hence the bail application.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the crime.
The Court below has failed to appreciate that the prosecution has
miserably failed to bring home the ingredients of the charges were
under section 34(2) of Excise Act against the applicant. The
applicant does not have any criminal antecedent. The applicant is
in jail since 3.7.2026. Therefore, the applicant may be released
on bail.
4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
applicant does not have any criminal antecedent, and the charge

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sheet has been submitted against the applicant. Therefore, the
bail application may be rejected.
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,
and the fact that the charge sheet has already been submitted
against the applicant, the applicant does not have any criminal
antecedent, which is mentioned in the bail application, the
applicant is in jail since 3.7.2026 and conclusion of trial is likely to
take some time, this Court is of the view that the applicant is
entitled to be released on bail in the present case. Accordingly,
the Application is allowed .
7. Let the Applicant – Chanda Dhritlahare, involved in Crime
No.74/2026 registered at Police Station Excise Circle Aarang,
District Raipur (C.G.) for the offence under Sections 34 (2) & 59
(A) of the Excise Act, be released on bail on furnishing 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

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law.
(ii) The applicant 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 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 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.
(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
applicants 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.

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8. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance.
-

Sd/-
(Ramesh Sinha)
Chief Justice
Barve