Facts
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.
Source reference: para. 1Acting on informer information, the police searched the applicant’s house and allegedly recovered 11 bulk litres of country-made liquor from its courtyard.
Source reference: para. 2The prosecution alleged that the liquor was possessed without lawful authority or licence and intended for illegal sale.
Source reference: para. 2The applicant had been in custody since 26 June 2026, the charge-sheet had been filed, and she had one previous criminal antecedent.
Source reference: paras. 3, 6She therefore sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Source reference: para. 1Issues
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.
Source reference: paras. 1, 5–6Whether 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.
Source reference: paras. 3, 6Law 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.
Source reference: para. 1The alleged offences were under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act.
Source reference: para. 1In 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.
Source reference: para. 6No judicial precedent was cited or relied upon.
Source reference: no citationReasoning
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.
Source reference: paras. 2, 5–6The 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.
Source reference: paras. 3, 6On these cumulative considerations, the Court found that continued detention was not necessary and that the applicant was entitled to the discretionary relief of bail.
Source reference: para. 6Holding
The bail application was allowed.
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.
Source reference: para. 7Bail 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.
Source reference: para. 7(i)–(iv)The order also provided for consequences in the event of misuse of bail or failure to appear pursuant to a proclamation.
Source reference: para. 7(ii)–(iii)Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20232
Bharatiya Nyaya Sanhita, 20233
Original Court PDF
RUKMANI SIDARvsSTATE OF CHHATTISGARH
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