1 2025:CGHC:12683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2081 of 2025 1. Hitkar Singh Chauhan S/o Late Surendra Singh Aged About 38 Years R/o Village- Chanda (Dadartola), P.S.- Bajag, District- Dindori (M.P.) 2. Chandra Kumar Dhurve S/o Charan Singh Dhurve Aged About 43 Years R/o Village- Chanda (Dadartola), P.S.- Bajag, District- Dindori (M.P.) ... Applicants versus State of Chhattisgarh Through - Excise Circle Lormi, District- Mungeli (C.G.) ... Non-Applicant For Applicants : Dr. Arpit Lall, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.177/2025, registered at Police Station- Excise Circle Lormi, District- Mungeli (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 17/02/2025, the Excise Sub- PREETI KUMARI Digitally signed by PREETI KUMARI 2 Inspector, Circle Lormi received an information from the informant that, the liquor is being illegally transported on vehicle bearing registration No. MP 20 ZE 3258. Based on the information received, the Excise Sub- Inspector along with the staff stopped and searched the Alto Car bearing registration no. MP 20 ZE 3258 near Village Ramhepur Police Station Chilfi Nahar. On being searched, 15 cartons containing 50 pieces each of Country made Liquor filled in a plastic bottle of 180 ml each, totalling 135 bulk litres of Country made Liquor worth Rs. 52,500/- and a Alto ear used in the incident was seized from the possession of the accused persons. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that only on the basis of suspicion, the present applicants are in jail since 17.02.2025. 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 No. 1 is having 03 previous criminal antecedents and the applicant No. 2 is having no previous criminal antecedents, further the charge-sheet has been submitted and they are in jail since 17.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicants 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 been filed before the competent Court and applicant No. 1 is having 03 previous criminal antecedents and the applicant No. 2 is having no previous criminal antecedents, however, the quantity of liquor seized from the joint possession of the applicants i.e. 135 bulk litres of Country made Liquor. Hence, they are 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 3 offence levelled against the applicants and the fact that in the present case, the charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. totalling 135 bulk litres of Country made Liquor was seized from the joint possession of the applicants 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 applicants on bail. 7. Accordingly, the bail application of the applicant Nos. 1 and 2, namely, Hitkar Singh Chauhan and Chandra Kumar Dhurve Crime No.177/2025, registered at Police Station- Excise Circle Lormi, District- Mungeli (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 36, 59(A) 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. . Preeti