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2025 DAILYLAW 11430 (CHH)

PIYUSH KUMAR v. STATE OF CHHATTISGARH

MCRC/1741/2025 · 2025-03-20

body2025

Judgment text

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1 2025:CGHC:13357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1741 of 2025 Piyush Kumar S/o Chandulal Aged About 22 Years R/o Karodatola, Khati, Thana Amarkantak, District Anuppur, Madhya Pradesh. ... Applicant versus State Of Chhattisgarh Through P.S.- Kukdur, District Kabirdham, Chhattisgarh. ... Non-applicant For Applicant : Mr. J.K. Gupta, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20 . 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.22/2025, registered at Police Station- Kukdur, District-Kabirdham (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 Police conducted raid and have seized 39 cartoon country made RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 liquor, in total of 1950 quarter bottles liquor containing 180 ml. each amounting to 351 bulk liters of liquor 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. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence 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 08.02.2025 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 the quantity of liquor seized from the possession of the applicant i.e. 351 bulk liters of liquor which is huge quantity. Hence, he is 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 the a huge quantity of liquor, i.e. 351 bulk liters of 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 3 that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant namely Piyush Kumar, involved in Crime No.22/2025, registered at Police Station- Kukdur, District-Kabirdham (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. . Rahul Dewangan