Chhattisgarh High Court
Criminal LawCriminal Procedure and Evidence

Regular bail granted where charge-sheet was filed, antecedents were absent, and trial was likely to be prolonged.

LAXMI BAI YADAV vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 10, 20262 MIN READSOURCE JUDGMENT
Regular bail granted where charge-sheet was filed, antecedents were absent, and trial was likely to be prolonged.. LAXMI BAI YADAV vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 1

The 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. 2

The 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. 3

She had remained in custody since 10 July 2026, and the charge-sheet had been filed before the competent court.

Source reference: para. 3

The State opposed bail on the ground that 21 bulk litres of liquor had been seized from her possession.

Source reference: para. 4
02

Issues

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. 1

2. 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, 5–6
03

Law 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. 1

The alleged offences arose under Sections 34(1)(a), 34(2) and 59(a) of the Chhattisgarh Excise Act.

Source reference: para. 1

In 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. 6
04

Reasoning

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, 6

Since 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. 6

The 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. 7
05

Holding

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. 7

The order further authorised appropriate proceedings in the event of absence, misuse of bail, or failure to appear pursuant to proclamation.

Source reference: para. 7
06

Acts & 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

Chhattisgarh High Court

Original Court PDF

LAXMI BAI YADAVvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 10, 2026

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