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2025 DAILYLAW 10930 (CHH)

SANAT KHARRE v. THE STATE OF CHHATTISGARH

MCRC/1659/2025 · 2025-03-20

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Judgment text

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1 2025:CGHC:13368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1659 of 2025 Sanat Kharre S/o Shyamdas Kharre Aged About 55 Years R/o. Village Karhi, Ward No.12, P.S. And Tahsil Bemetara, District Bemetara (C.G.) (Surname Khare Is Wrongly Mentioned In The Cause Title Of Impugned Order) ...Applicant versus The State Of Chhattisgarh Through Excise Circle Bemetara, P.S. Bemetara, District Bemetara (C.G.) ...Non-applicant For Applicant : Mr. Rajkumar Pali, Advocate For Non-applicant : Ms. Smriti Shrivastava, 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 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 139/2024, registered at Police Station Excise Circle, Bemetara District – Bemetara (C.G.) for the offence punishable under Sections 36 and 34(2) of the C.G. Excise Act. 2 2. The case of the prosecution, in brief is that on 05.02.2025 the concerned police had received a secret information from the informant, that the applicant has kept illicit liquor in his house for selling the same, on this basis the police ofÏcer had searched the place of incident and seized 216 bulk litters of liquor from the applicant and arrested the applicant. 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 further submits that the applicant has no criminal antecedents. He also submits that applicant has been in jail since 05.02.2025 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. She submits that from the possession of the applicant 216 bulk litters of liquor were seized. Therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of 3 offence and also considering the quantity of liquor, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Sanat Kharre, involved in Crime No. 139/2024, registered at Police Station Excise Circle, Bemetara District – Bemetara (C.G.) for the offence punishable under Sections 36 and 34(2) of the C.G. 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 HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.22 10:41:24 +0530