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2025 DAILYLAW 11887 (CHH)

SMT. RANI MANHARE v. STATE OF CHHATTISGARH

MCRC/1985/2025 · 2025-03-11

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Judgment text

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1 2025:CGHC:12096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1985 of 2025 Smt. Rani Manhare W/o Late Agam Das Manhare Aged About 38 Years R/o House No. 147 Satnamipara Serikhedi Raipur Tehsil And District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Mandir Hasaud District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ankur Agrawal, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11 . 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 she has been arrested in connection with Crime No.33/2025, registered at Police Station- Mandir Hasaud District - Raipur (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 26.01.2025, as per secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information received from the informant, the Police of Police Station Mandir Hasaud District – Raipur (C.G.) found the applicant in possession of 109.800 bulk liter of country made liquor, thereafter, offence has been registered against the applicant and subsequently she has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has five criminal antecedents, out of which, in four cases the applicant has already been acquitted by learned trial Court and one case is still pending against her, further she is in jail since 26.01.2025 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, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the joint possession of the applicant i.e. 109.800 bulk liters of country made liquor, so far as criminal antecedents of the applicant are concerned, applicant has five criminal antecedents Hence, she 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 3 gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and a huge quantity of liquor, totaling 109.800 bulk liters of country made liquor 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, also considering the criminal antecedents of the applicant, applicant has five criminal antecedents, out of which, in four cases he has already been acquitted by the trial Court and one case is still pending against her, 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 namely Smt. Rani Manhare, involved in Crime No.33/2025, registered at Police Station- Mandir Hasaud District - Raipur (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. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan