MANKI BAI TANDAN vs STATE OF CHHATTISGARH

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CGHC010302082026 2026:CGHC:38688
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7238 of 2026
1 - Manki Bai Tandan W/o Late Samelal Tandan Aged About 50 Years
R/o Ward No.15 Akaltara, P.S. Akaltara, District Janjgir Champa
Chhattisgarh
Applicant (s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, P.S.
Akaltara, District Janjgir Champa Chhattisgarh
Respondent(s)
For Applicant (s) : Mr. C. P. Lahrey, Advocate
For Respondent(s) : Mr. Sourabh Sahu, PL
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01.09.2026
1. This is the first bail application filed under Section 483 of Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant, who has been arrested in connection with Crime
Digitally
signed
by R
NIRALA
No.363/2026, registered at Police Station Akaltara, District
Janjgir-Champa (C.G.) for the offence punishable under Section
34 (2) of Excise Act.

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2. The case of the prosecution, in brief, is that on 25.06.2026 on the
basis of a secret information by the informant, the Police seized
11 litres of country made liquor from the possession of the
applicant, thereafter a case was registered against the accused
and she was arrested.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in crime in question. He
further submitted that the seized article does not belong to the
applicant. The applicant is a lady, aged about 50 years, and is in
jail since 25.06.2026, she has 3 criminal antecedents, out of
which two have been disposed of, whereas only one criminal
antecedent is pending, charge sheet has been filed and trial is
likely to take quite long time for its conclusion, therefore, he prays
that the applicant be released on regular bail.
4. On the other hand, learned State counsel opposes the bail
application of the applicant and submits that illicit liquor has been
seized from the possession of the applicant, as such she is not
entitled to be released on bail.
5. I have heard learned counsel for the parties and perused all the
documents available on record.
6. Taking into consideration the facts and circumstances of the
case, nature of allegation and further considering that the
applicant is a lady, aged about 50 years, and she is in jail since
25.06.2026, she has 3 criminal antecedents, out of which two

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have been disposed of, whereas only one criminal antecedent is
pending against her, charge sheet has already been filed and
conclusion of the trial is likely to take some time, therefore,
without commenting anything on the merits of the case, I am
inclined to allow this application.
7. Accordingly, the instant bail application of the applicant is
allowed.
8. Let the Applicant – Manki Bai Tandan , involved in Crime
No.363/2026, registered at Police Station Akaltara, District
Janjgir-Champa (C.G.) for the offence punishable under Section
34 (2) of Excise Act, be released on bail on her 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 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.
(ii) The applicant shall remain present before the
trial court on each date fixed, either personally or
through his counsel. In case of his absence,
without sufficient cause, the trial court may proceed
against him/her under Section 269 of Bharatiya
Nyaya Sanhita.
(iii) In case, the applicant misuse the liberty of bail
during trial and in order to secure his/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 his/her, in

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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
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/her in accordance with law.”
9. Office is directed to provide a certified copy of this order to the
trial Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Nirala