SAROJ BAI vs STATE OF CHHATTISGARH

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CGHC010278792026 2026:CGHC:38400
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6614 of 2026
Saroj Bai W/o Dilchand Bareth Aged About 56 Years R/o Village Sivani
Sarthi Mohalla Champa Tehsil Champa, Police Statioin Champa District
Janjgir Champa C.G.
... Applicant
versus
State Of Chhattisgarh Through District Magistrare Janjgir District Janjgir
Champa C.G.
... Non-Applicant

For Applicant : Shri Vivek Singhal, Advocate.
For Non-Applicant : Smt. Smriti Shrivastava, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
31/08/2026
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.335/2026 registered at Police Station Champa, District Janjgir-
Champa (C.G.) for the offence under Section 34 (2) of the Excise
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.01
10:55:15
+0530
KRISHNA
KUMAR
BARVE

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Act.
2. The prosecution case, in brief, is that on 24- 06-2026, the police of
Police Station Champa got information through informant and on
the basis of said information, a raid was conducted and total 30
bulk liter country made liquor was recovered from possession of
present applicant, therefore the crime as mentioned above has
been registered 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 applicant has neither committed nor participated in any such
act, which may amount to any of the offences, mentioned above.
Besides the above, the evidence collected by the prosecution are
also not prima facie sufficient to hold the applicant guilty of the
aforesaid offences. It is pertinent to mention here at this juncture,
a false seizure memo has been prepared by the police in order to
rope the applicant in a false criminal case and the applicant is
hopeful regarding this fact that she would be acquitted from the
allegation of the alleged offence. The applicant has one criminal
antecedent under the Excise Act wherein the applicant has
already been acquitted. The applicant is in jail since 24.6.2026.
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

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applicant has one criminal antecedent under the Excise Act
wherein the applicant has already been acquitted, and the charge
sheet has been submitted against the applicant.
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, applicant has one criminal antecedent under
the Excise Act wherein the applicant has already been acquitted,
which is mentioned in the bail application, the applicant is in jail
since 24.6.2026 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 – Saroj Bai, involved in Crime No.335/2026
registered at Police Station Champa, District Janjgir-Champa
(C.G.) for the offence under Section 34 (2) 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 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,

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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 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

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against them 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.
-

Sd/-
(Ramesh Sinha)
Chief Justice
Barve