Facts
The applicant was arrested in Crime No. 01/2026 registered by the District Level Flying Squad, Mahasamund, for alleged offences under Sections 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act.
Source reference: para. 1The prosecution alleged that, pursuant to secret information, the police raided the applicant’s premises and seized 21 bulk litres of country-made mahua liquor from her possession.
Source reference: para. 2The applicant contended that the liquor was seized from a house occupied by joint-family members, that she had been falsely implicated, and that she had no criminal antecedents.
Source reference: para. 3She had remained in custody since 10 July 2026, and the charge-sheet had been filed before the competent court.
Source reference: para. 3The State opposed bail on the ground that 21 bulk litres of liquor had been seized from her possession.
Source reference: para. 4Issues
1. Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with the alleged seizure of 21 bulk litres of country-made mahua liquor.
Source reference: para. 12. Whether the applicant’s lack of criminal antecedents, filing of the charge-sheet, period of custody, and the likelihood of delay in conclusion of trial justified release on bail.
Source reference: paras. 3, 5–6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.
Source reference: para. 1The alleged offences arose under Sections 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act.
Source reference: para. 1In determining bail, the Court considered the nature and gravity of the allegations, the applicant’s criminal antecedents, whether the investigation had culminated in filing of the charge-sheet, the period of incarceration, and the likely duration of the trial.
Source reference: para. 6Reasoning
The Court considered the prosecution allegation that 21 bulk litres of mahua liquor had been seized from the applicant, but also took into account that the applicant had no criminal antecedents, had been in custody since 10 July 2026, and that the charge-sheet had already been filed.
Source reference: paras. 3, 6Since investigation was complete and the trial was likely to take time, the Court found sufficient grounds to exercise its discretion in favour of regular bail despite the nature of the excise allegations.
Source reference: para. 6The Court imposed conditions intended to secure the applicant’s presence, prevent unnecessary adjournments, and permit action in case of misuse of bail.
Source reference: para. 7Holding
The High Court allowed the bail application and directed that Laxmi Bai Yadav be released on bail upon furnishing a personal bond with two local sureties in the like sum to the satisfaction of the trial court.
The release was subject to conditions requiring her not to seek adjournments when witnesses were present, to remain present before the trial court on scheduled dates, and to appear personally on the dates fixed for opening of the case, framing of charge, and recording of her statement under Section 351 of the BNSS.
Source reference: para. 7The order further authorised appropriate proceedings in the event of absence, misuse of bail, or failure to appear pursuant to proclamation.
Source reference: para. 7Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20233
Bharatiya Nyaya Sanhita, 20232
Original Court PDF
LAXMI BAI YADAVvsSTATE OF CHHATTISGARH
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