Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13700
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2268 of 2025 Loknath Kurre S/o Radheshyam Kurre Aged About 30 Years R/o Sudheli, P.S. City Kotwali, Balodabazar, District- Baloda-Bazar (C.G.)
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- City Kotwali, Balodabazar, District- Baloda-Bazar (C.G.)
...Non-Applicant For Applicant : Mr. Yogesh Chandra, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 21.03
.202
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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.189/2025, registered at Police Station- City Kotwali, Balodabazar, District- Baloda-Bazar (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, as per secret information receive from the informant, on the basis of said information the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 Police conducted raid and have seized 270 bulk liters of country made liquor from the possession of the applicant. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that there is no exclusive possession of the seizure of country made liquor and seizure from the open place. 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 has only one criminal antecedent and he is in jail since 01.03.2025 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 applicant has one previous criminal antecedent and the quantity of liquor seized from the possession of the applicant i.e. 270 bulk liters of country made 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 a huge quantity of liquor, i.e. 270 bulk liters of country made liquor was seized from the 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 applicant on bail.
7. Accordingly, the bail application of the applicant Loknath Kurre involved in Crime No.189/2025, registered at Police Station- City Kotwali, Balodabazar, District- Baloda-Bazar (C.G.) for the offence punishable under Sections 34(2) 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 Rahul Dewangan