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2025 DAILYLAW 13527 (CHH)

JOHAN BANJARE v. STATE OF CHHATTISGARH

MCRC/2155/2025 · 2025-03-18

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:12901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2155 of 2025 Johan Banjare S/o Shri Bhauram Banjare Aged About 40 Years Caste- Satnami, R/o Rajiv Nagar, Bija, P.S. Takhatpur, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Takhatpur, District – Bilaspur, Chhattisgarh. ...Non-Applicant For Applicant : Mr. Leekesh Kumar, Advocate. For Non-applicant/State : Mr. Hariom Rai, 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 she has been arrested in connection with Crime No.29/2025, registered at Police Station – Takhatpur, District – Bilaspur (C.G.) for the offence punishable under Sections 34(2) 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 basis of said information the Police have seized 105 bulk liters of Mahua liquor from the possession of the applicant. Thereafter, the crime has been RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 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 are 5 criminal antecedents of the applicant out of which 1 is under the Excise Act. 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 18.01.2025 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, there are 5 criminal antecedents of the applicant out of which 1 is under the Excise Act, and the quantity of liquor seized from the possession of the applicant i.e. 105 bulk liters of Mahua liquor. 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. 105 bulk liters of Mahua liquor was seized from the possession of the applicant and no plausible explanation has been given in this regard, and there are 5 criminal antecedents of the applicant out of which 1 is under the Excise Act. 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 Johan Banjare involved in Crime No.29/2025, registered at Police Station – Takhatpur, 3 District – Bilaspur (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 Rajshekhar