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2025 DAILYLAW 13126 (CHH)

RAJKUMAR SINGH v. STATE OF CHHATTISGARH

MCRC/2083/2025 · 2025-03-17

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Judgment text

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1 2025:CGHC:12682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2083 of 2025 1. Rajkumar Singh S/o Jogendra Singh Aged About 35 Years R/o Junwani Police Station Supela Tehsil and District- Durg (C.G.) 2. Ranjit Singh S/o Omkar Singh Aged About 34 Years R/o Camp-1 Adarsh Nagar Bhilai Police Station Chhawni Bhilai District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through SHO Police Station- Excise Circle Dhamdha, District- Durg, C.G. ... Non-Applicant For Applicant : Mr. Amit Nayak, 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.288/2025, registered at Police Station- Excise Circle Dhamdha, District- Durg (C.G.) for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, a secret information was received PREETI KUMARI Digitally signed by PREETI KUMARI 2 on 17.02.2025 that two person are transporting illegal liquor in car bearing registration No. CG-04/KV/7060 and car bearing registration No. CG-07-MA-9418 and they want to sale it and when police reached near village Nandani Khundani possessing illegal liquor and duly searched both vehicle and 2784 pieces of quarter of Royal Blue liquor (Each having quantity of 180 ml) total 501.12 bulk liters worth Rs 10,11,920/- were recovered from their possession and therefore the above offence has been registered against him. Hence this bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. The applicants are not previously convicted person and the alleged offence is triable by Magistrate. He further submits that there is no any eye witness in the case and only on the basis of apprehension, they 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 and the applicants have 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 the applicants have no criminal antecedents, however, the quantity of liquor seized from the joint possession of the applicants i.e. 501.12 bulk liters Royal Blue 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 offence levelled against the applicants and the fact that in the present 3 case, the charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. 501.12 bulk liters Royal Blue 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, Rajkumar Singh and Ranjit Singh Crime No.288/2025, registered at Police Station- Excise Circle Dhamdha, District- Durg (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 0. . Preeti