Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10306
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1680 of 2025
1. Rajesh Chintaman Tagde S/o Seetaman Aged About 25 Years R/o Sharada Para Talab, Power House Bhilai, District Durg, Chhattisgarh.
2. Raunak Tamrakar S/o Pramod Kumar Aged About 37 Years R/o Shivpara Ward No. 33, District Durg, Chhattisgarh.
3. Soheb Mirja S/o Jalauddin Siddhqui Aged About 23 Years R/o Kelabadi Ward No. 40, District Durg, Chhattisgarh.
4. Rishikesh S/o Praykash Hatile Aged About 24 Years R/o Village Urla Ward No. 58, District Durg, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh.
... Non-applicant For Applicant : Mr. Shikhar Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 03.03.2025
1. The applicants have preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.46/2025, (wrongly written as 46/2023), registered at Police Station- Dongargarh, PREETI KUMARI Digitally signed by PREETI KUMARI
2 District Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, on 28.01.024, the Police of Police Station Dongargarh have received secrete information that some persons are travelling in two four wheeler and kept illicit liquor. On the basis of said information, the Police have conducted the raid of vehicle No. CG/08/BA-4380 and Vista Car No. CG-07/MB-2256 and recovered total 405 bulk liters illicit liquor from the said vehicle, therefore crime has been registered and arrested them.
3.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the liquor has not been made seizure from the present applicants and on the basis of memorandum of Dwarika Prasad, they have been implicated in the present case. He also submits that for under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicants have no criminal antecedent and they are in jail since 28.01.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicants on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has not been filed before the competent Court and the applicants have no previous criminal antecedent however, the quantity of liquor seized from the possession of the applicants i.e. 405 bulk liters illicit liquor. Hence, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present
3 case charge-sheet has not been filed before the competent Court and a huge quantity of liquor, i.e. 405 bulk liters illicit liquor was seized from the possession of the applicants without any valid licence and no plausible explanation has been offered in this regard. Furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of the applicant Nos. 1, 2, 3 and 4- Rajesh Chintaman Tagde, Raunak Tamrakar, Soheb Mirja and Rishikesh involved in Crime No.46/2025, (wrongly written as 46/2023), registered at Police Station- Dongargarh, District Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice
0. .
Preeti