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2025 DAILYLAW 10462 (CHH)

KAMLESH KURRE v. STATE OF CHHATTISGARH

MCRC/1580/2025 · 2025-03-19

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Judgment text

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1 2025:CGHC:13155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1580 of 2025 Kamlesh Kurre S/o Bechul Kurre Aged About 42 Years R/o Village - Dokrabhatha, Tahsil - Khairagarh, District - Khairagarh Chhuikhadan Gandai (K.C.G.), Chhattisgarh ... Applicant versus State of Chhattisgarh Through - The Police Station Gandai, District - Khairagarh-Chhuikhadan-Gandai (K.C.G.), Chhattisgarh. … Non-Applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 49/2025, registered at Police Station - Gandai, District - Khairagarh- Chhuikhadan-Gandai, (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, as per secret information receive from the informant, on the basis of said information the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Police conducted raid and have seized 162 bulk liters of illegal liquor (M.P. manufactured Goa Whiskey) from the possession of the applicant. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the present applicant was the driver of the said vehicle in question thus he had no knowledge of the liquor being transported from the vehicle. 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 applicant has no criminal antecedent and he is 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 counsel for the State opposes the bail application and submits that in the present case, the charge-sheet has not been submitted till date as the investigation is still going on. She further submits that the quantity of liquor seized from the possession of the applicant i.e. 162 bulk liters of illegal liquor (M.P. manufactured Goa Whiskey). Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 162 bulk liters of illegal liquor (M.P. manufactured Goa Whiskey) was 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. 7. Accordingly, the bail application of the applicant Kamlesh Kurre, involved in Crime No. 49/2025, registered at Police Station - Gandai, District - Khairagarh-Chhuikhadan-Gandai, (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 Rahul Dewangan