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2025 DAILYLAW 12778 (CHH)

SOMARURAM BAGHEL v. STATE OF CHHATTISGARH

MCRC/2874/2025 · 2025-04-15

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Judgment text

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1 2025:CGHC:17151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2874 of 2025 1 - Somaruram Baghel S/o Aayturam Baghel Aged About 48 Years R/o Bhalugudapara, Village Madhota- 02, District Bastar (C.G.) 2 - Chingdu Kashyap S/o Maddaram Kashyap Aged About 35 Years R/o Bhalugudapara, Village Madhota- 02, District Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Bhanpuri District Bastar (C.G.) ... Non-applicant(s) For Applicants : Mr. Praveen Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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.15/2025, registered at Police Station- Bhanpuri, District-Bastar (C.G.) for the offence punishable under Sections 34(2) of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Chhattisgarh Excise Act. 3. 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 total 136.800 bulk liters of foreign liquor from the possession of the applicants. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 4. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. The alleged liquor has not been recovered from conclusive possession of the applicants. He further 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 applicants have no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and they are in jail since 29.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, they prays for releasing the applicants on regular bail. 5. 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 however, the quantity of liquor seized from the possession of the applicants i.e. 136.800 bulk liters of foreign liquor which is huge quantity. Hence, they are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the fact and circumstances of the case, nature and 3 gravity of offence levelled against the applicants and the fact that in the present case charge-sheet has been filed before the competent Court however, a huge quantity of liquor, i.e. 136.800 liters of foreign liquor has been seized from the 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. 8. Accordingly, the bail application of the applicants namely Somaruram Baghel and Chingdu Kashyap involved in Crime No.15/2025, registered at Police Station- Bhanpuri, District-Bastar (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 . 2. Kunal