1 2025:CGHC:13379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1614 of 2025 Rajkumar Diwakar S/o Dashrath Diwakar Aged About 45 Years R/o Gram- Lamkena, Police Station- Kota, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station- Kota, District - Bilaspur (C.G.), (Wrongly Mentioned As Excise Circle In The Entire Order Sheet) ... Respondent For Applicant : Mr. Ayush Lall, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 119/2025, registered at Police Station Kota, District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution's case, in brief, is that the Police Station Kota received secret information on 09.02.2025 that the present 2 applicant has kept illicit liquor to sale in his house. On the information the police ofÏcer went to the spot and conducted raid whereby the present applicant was found to be in possession of illicit country-made (Kachchi Mahua liquor) liquor. The total quantity 195 bulk liter of liquor amounting Rs. 39,000/- was seized. The police seized the liquor from the present applicant and asked for any license regarding sale of the liquor. Applicant was arrested and First Information Report bearing crime no. 119/2025 under section 34 (2) of Chhattisgarh Excise Act was registered against the present applicant. Charge-sheet has not been filed and matter is under investigation. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He also submits that there is no criminal case registered against the applicant. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 09.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court however, the quantity of country made Kacchi Mahua liquor seized from the possession of the applicant i.e. 195 bulk liters of liquor. Accordingly, the present applicant is not entitled for grant of bail. 3 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 case charge-sheet has not been filed before the competent Court however, a huge quantity of liquor, le. 195 bulk liters of countrymade Mahua liquor has been seized from the possession of the applicant 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 applicant on bail. Accordingly, the bail application of the applicant – Rajkumar Diwakar, involved in Crime No. 119/2025, registered at Police Station Kota, District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice H.Ansari