Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14088
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2316 of 2025 1 - Pritesh Gupta @ Baba S/o Yogesh Gupta (Correct Name Is Yogendra Kumar Gupta) Aged About 31 Years Presently R/o Ward No. 10, Balodabazar, Police Station- Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh. 2 - Ritesh Sahu S/o Netram Sahu Aged About 22 Years R/o Village Binauri, Police Station Palari, District Balodabazar-Bhatapara, Chhattisgarh. 3 - Devkumar Yadav S/o Puniram Yadav Aged About 19 Years R/o Village Binauri, Police Station Palari, District Balodabazar-Bhatapara, Chhattisgarh.
... Applicant(s) versus State of Chhattisgarh Through The Police Station- City Kotwali, Balodabazar, District – Balodabazar-Bhatapara, Chhattisgarh.
...Non-Applicant(s) For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 24.03.2025
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.111/2025, registered at Police Station – City Kotwali, Balodabazar, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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2. The prosecution story in brief, is that, the Police Station concerned has received a secret information through the informant, and on the basis of said information the Police have seized 900 bulk liters of liquor from the possession of the applicant. Thereafter, the crime has been registered against the applicant, and the applicant was arrested by the Police.
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Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. 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. The applicants are in jail since 29.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail.
4. On the other hand, learned State counsel opposes the bail application and submits that in the present case, there is no criminal antecedents of the applicant, but the quantity of liquor seized from the possession of the applicant i.e. 900 bulk liters of liquor. 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 gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 900 bulk liters of liquor was seized from the possession of the applicant and no plausible explanation has been given in this regard. Furthermore, considering the gravity and seriousness of this case, 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 Pritesh Gupta @ Baba, Ritesh Sahu and Devkumar Yadav involved in Crime
3 No.111/2025, registered at Police Station – City Kotwali, Balodabazar, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2) and 36 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 Rajshekhar