Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12685
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2076 of 2025 Dinesh Gupta S/o Late Suresh Gupta Aged About 33 Years R/o Badi Bazar Chirmiri, P.S.- Bada Bazar Chirmiri, Distt.- M.C.B. (C.G.)
... Applicant versus State of Chhattisgarh Through - P.S. Kota, District – Bilaspur (C.G.)
...Non-Applicant For Applicant : Mr. Raj Kumar Gupta, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 17.03.2025
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.98/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, the Police Station concerned has received a secret information through the informant, and on the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 basis of said information the Police have seized 144 bulk liters of English Goa Whisky liquor from the possession of the applicant. Thereafter, the crime has been registered against the applicant, and the applicant was arrested by the Police.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that there is no any criminal antecedents of the applicant. 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 applicant is in jail since 03.02.2025 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 State counsel opposes the bail application and submits that in the present case, the applicant has no previous criminal antecedent and the quantity of liquor seized from the possession of the applicant i.e. 144 bulk liters of English Goa Whisky liquor. It is further submitted that the bail application of the co-accused has been rejected by this Court vide order dated 07.03.2025 passed in MCRC No. 1889/2025. 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. 144 bulk liters of English Goa Whisky
3 liquor was seized from the possession of the applicant and no plausible explanation has been given in this regard, and the bail application of the co-accused has been rejected by this Court vide
order dated 07.03.2025 passed in MCRC No. 1889/2025. 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 Dinesh Gupta involved in Crime No.98/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 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 Rajshekhar