Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13694
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2279 of 2025 Rajvir Singh Yadav S/o Ghanshyam Singh Yadav Aged About 36 Years R/o Sonchiriya Hotel K Pass, Devpuram Colony, Shivpuri, P.S.- City Kotwali Shivpuri District- Shivpuri (M.P.).
... Applicant versus The State of Chhattisgarh Through S.H.O. Police Station- Excise Circle Bodla, District- Kabirdham Chhattisgarh.
… Non-Applicant For Applicant : Mr. Aman Kesharwani, Advocate. For Non-applicant/State : Mr. Amit Verma, 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 he has been arrested in connection with Crime No. 181/2025, registered at Police Station - Excise Circle Bodla, District- Kabirdham, (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) and 36 of the Chhattisgarh Excise Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
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2. The prosecution story in brief, is that, as per secret information receive from the informant, on the basis of said information the Police conducted raid and have seized 4770 bulk liters of liquor from the possession of the applicant’s vehicle of Eicher No. RJ 11/ GC2927. Thereafter, the crime has been registered for an offence punishable under Sections 34(1)(A), 34(2), 59(A) and 36 of the Chhattisgarh Excise Act against the present applicant.
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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the liquor was not seized from the 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 has no criminal antecedent and he is in jail since 12.02.2025 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 not been submitted till date as the investigation is still going on. He further submits that the quantity of liquor seized from the possession of the applicant i.e. 4770 bulk liters of liquor. Hence, he is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
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6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that though the charge-sheet has not been submitted in this case, but a huge quantity of liquor, i.e. 4770 bulk liters of liquor was seized from the possession of the applicant 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 applicant on bail.
7. Accordingly, the bail application of the applicant Rajvir Singh Yadav, involved in Crime No. 181/2025, registered at Police Station - Excise Circle Bodla, District- Kabirdham, (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) 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 Rahul Dewangan