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2025 DAILYLAW 13063 (CHH)

RAJESH SONI v. STATE OF CHHATTISGARH

MCRC/2134/2025 · 2025-03-18

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Judgment text

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1 2025:CGHC:12911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2134 of 2025 Rajesh Soni S/o Gopal Soni, Aged About 23 Years, R/o Sonapara Karanji, P.S.- Bakavand, Distt.- Bastar (C.G.) (As Per Charge-Sheet) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer- P.S. Excise Circle, Jagdalpur, Distt.- Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Akhtar Hussain, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.119/2025, registered at Police Station- Excise Circle, Jagdalpur, District- Bastar (C.G.) for the offence punishable under Sections 34(1), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that the police of concerned police station got an secrete information through informer on 28.01.2025 that PREETI KUMARI Digitally signed by PREETI KUMARI 2 the present applicant is transporting illicit liquor, on such information the concerned police ofÏcials committed raid on the spot and seized 207 bulk liters from the possession of the present applicant and was arrested for the aforesaid crime. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the liquor in question has not been recovered from the applicant and no seizure has been made from the conscious possession 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 and the applicant is having 01 previous criminal antecedents under the Excise Act which is disposed of, further the charge-sheet has been submitted and he is in jail since 21.02.2025 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 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 is having one previous criminal antecedents, however, the quantity of liquor seized from the joint possession of the applicants i.e. 207 bulk liters of illicit liquor. Hence, he 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 in the present case, the charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. totalling 207 bulk liters of illicit liquor was seized from the joint possession of the applicant without any valid licence and no plausible explanation has been offered in this regard. 3 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 - Rajesh Soni Crime No.119/2025, registered at Police Station- Excise Circle, Jagdalpur, District- Bastar (C.G.) for the offence punishable under Sections 34(1), 34(2), 36 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 0. . Preeti