Chhattisgarh High CourtCriminal LawCriminal Procedure and Evidence

Regular bail granted where charge-sheet was filed, custody continued, and trial was likely to be delayed.

RUKMANI SIDARv.STATE OF CHHATTISGARH

Regular bail granted where charge-sheet was filed, custody continued, and trial was likely to be delayed.. RUKMANI SIDAR vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

Whether the applicant was entitled to regular bail under Section 483 of the BNSS in a prosecution under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act.

The court held

The bail application was allowed.

It also directed

The Court directed that Rukmani Sidar be released on bail upon furnishing a personal bond and two sureties in the like amount to the satisfaction of the trial court.

Bail was subject to conditions requiring her not to seek unnecessary adjournments when witnesses were present, to appear before the trial court on every date either personally or through counsel, and to remain personally present on the dates fixed for opening of the case, framing of charge, and recording of her statement under Section 351 of the BNSS.

The order also provided for consequences in the event of misuse of bail or failure to appear pursuant to a proclamation.

01Facts

The applicant was arrested in connection with Crime No. 316/2026 registered at Police Station Chakradhar Nagar, Raigarh, for alleged offences under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act.

¶ 1

Acting on informer information, the police searched the applicant’s house and allegedly recovered 11 bulk litres of country-made liquor from its courtyard.

¶ 2

The prosecution alleged that the liquor was possessed without lawful authority or licence and intended for illegal sale.

¶ 2

The applicant had been in custody since 26 June 2026, the charge-sheet had been filed, and she had one previous criminal antecedent.

¶ 3, 6

She therefore sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶ 1

02Issues

i.Whether the applicant was entitled to regular bail under Section 483 of the BNSS in a prosecution under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act.

¶ 1, 5–6

ii.Whether the applicant’s custody period, filing of the charge-sheet, limited criminal antecedents, and the likelihood of delay in trial justified her release on bail.

¶ 3, 6

03Law Applied

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant regular bail in appropriate cases.

¶ 1

The alleged offences were under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act.

¶ 1

In deciding bail, the Court considered the nature and gravity of the allegations, the applicant’s period of incarceration, her criminal antecedents, the filing of the charge-sheet, and the likely duration of the trial.

¶ 6

No judicial precedent was cited or relied upon.

Provisions in the judgment · 5 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 351

Bharatiya Nyaya Sanhita, 2023 Section 269Section 84Section 209

04Reasoning

After hearing both sides and examining the case diary, the Court balanced the allegation of possession of 11 bulk litres of country-made liquor against the relevant bail considerations.

¶ 2, 5–6

The Court noted that the applicant had remained in custody since 26 June 2026, that the investigation was complete and the charge-sheet had been filed, that she had only one criminal antecedent, and that the trial was likely to take time.

¶ 3, 6

On these cumulative considerations, the Court found that continued detention was not necessary and that the applicant was entitled to the discretionary relief of bail.

¶ 6

05Holding

The bail application was allowed.

¶ 7

The Court directed that Rukmani Sidar be released on bail upon furnishing a personal bond and two sureties in the like amount to the satisfaction of the trial court.

¶ 7

Bail was subject to conditions requiring her not to seek unnecessary adjournments when witnesses were present, to appear before the trial court on every date either personally or through counsel, and to remain personally present on the dates fixed for opening of the case, framing of charge, and recording of her statement under Section 351 of the BNSS.

¶ 7(i)–(iv)

The order also provided for consequences in the event of misuse of bail or failure to appear pursuant to a proclamation.

¶ 7(ii)–(iii)
Chhattisgarh High Court

Original Court PDF

RUKMANI SIDARvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 01, 2026

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