Barat Bai Yadav Vs State of Chhattisgarh

¶1

1

¶2

2026:CGHC:3882

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

SHOAIB Digitallysigned bySHOAIBANWAR ANWAR Date:2026.01.2218:24:23+0530

¶6

MCRC No. 520 of 2026

¶7

Barat Bai Yadav W/o Late Bhagirathi Yadav Aged About 46 Years (Wrongly Mentioned As Son Of Bhagirathi Yadav), R/o Gopalpur, Koriyadadar, Raigarh, Tahsil And District- Raigarh (C.G.)

¶8

... Applicant

¶9

versus

¶10

State Of Chhattisgarh Through - Station House OfÏcer, Police Station- Chakradhar Nagar, District - Raigarh (C.G.)

¶11

... Respondent

¶12

For Applicant : Shri Sanjay Pathak, Advocate For Respondent(s) : Shri Anand Gupta, Dy. Govt. Advocate.

¶13

Hon'ble Shri Bibhu Datta Guru, Judge

¶14

Order on Board

¶15

22.01.2026

¶16

1. The applicant has preferred this Second Bail Application under

¶17

Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 514/2025, registered at Police Station –

¶18

2

¶19

Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Sections 34(2), 59(A) of the Chhattisgarh Excise Act.

¶20

2. It it is pertinent to mention here that the first bail application of the applicant was rejected on 28.11.2025 considering the nature and gravity of the offence, as 6 bulk liters of illegal country-made liquor were seized from his possession without any valid licence. The Court also noted the absence of any plausible explanation and the existence of one prior criminal antecedent of similar nature, and therefore held that it was not a fit case for grant of bail.

¶21

3. Facts of the case, in brief, is that as per secret information received from the informant, the Police conducted raid and recovered 6 bulk liters of country made liquor from the illegal possession of the applicant. Based on above facts, present crime was registered against the applicant.

¶22

4. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated, is a widow and sole bread earner, and her only son is suffering from a serious ailment and undergoing treatment at Kirodimal Government District

¶23

3

¶24

Hospital, Raigarh. The applicant has been in custody since 16.11.2025, has already undergone a considerable period of pre-trial detention, the offences are triable by Magistrate and not punishable with life or death, and she undertakes to cooperate with the trial and not misuse the liberty of bail.

¶25

5. On the other hand, learned counsel for the State opposes the bail application. Learned counsel further submits that looking to the quantity of liquor seized from the possession of the applicant and her past criminal antecedent, the applicant is not entitled for grant of bail.

¶26

6. I have heard learned counsel for the parties and perused the case diary.

¶27

7. Considering the overall facts and circumstances of the case, particularly the period of custody of the applicant since 16.11.2025, the fact that the alleged offences are triable by the Magistrate and are not punishable with death or imprisonment for life, and keeping in view the personal circumstances of the applicant, who is a widow lady, sole bread earner of her family, and whose only son is suffering from a serious ailment and undergoing treatment, this Court

¶28

4

¶29

is of the considered opinion that further custodial detention

¶30

of the applicant is not warranted. Without expressing any opinion on the merits of the case, and subject to conditions, the Second Bail Application is allowed.

¶31

8. Let applicant, Barat Bai Yadav , involved in Crime No. 514/2025 registered at Police Station Chakradhar Nagar, District- Raigarh (C.G.) for the offence punishable under Sections 34(2), 59(A) of the C.G. 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

¶32

following conditions:-

¶33

(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, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶34

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

¶35

5

¶36

(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.

¶37

(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 applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶38

9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

¶39

Sd/- (Bibhu Datta Guru) Judge

¶40

Shoaib/Gowri

Barat Bai Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Barat Bai Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Lallu Ram Vs Tukaram decease The Lrs

National Highways Authority of India Vs Smt. Shilpi Agrawal

Kartik Ram (Died) Vs Ram Kumar and Ors.

Smt. Ashawati Vs Rukhmani and Ors.

Sonam Agrawal Vs Vikas Agarwal

Brijraj Kumar Vs Umeshchand