Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15658
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2650 of 2025 Munchu @ Santram Rathiya S/o Jagatram Rathiya Aged About 43 Years R/o Village Delari, Police Station Punjipathra, Tahsil And District Raigarh Chhattisgarh.
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Punjipathra, District Raigarh Chhattisgarh.
... Non-applicant For Applicant : Mr. Narayan Prasad Dubey and Mr. Sandeep Jha, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 03.04.2025
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.53/2025, registered at Police Station- Punjipathra, District Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59 (A) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, on 11.03.2025 during the patrolling the police ofÏcials have received information from the informant that the PREETI KUMARI Digitally signed by PREETI KUMARI
2 co-accused Prem Dhanwar from village Delari and another co-accused Ashokram Paswan from village Pali was going to sale the country made liquor in white TVS Jupiter bearing registration No. CG-13-AR-2429 from Gram Pali. Thereafter, the police have reached on spot and conducted raid and received 100 bulk liters of country made liquor amounting of Rs. 10,000/- from the possession of co-accused thereafter registered crime for the offence under Section 34(2), 59(A) of the Excise Act, has been registered and arrested the co-accused named as Prem Dhanwar and Ashokram Paswan.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that seized vehicle does not belongs to the present applicant still he had been arrested by the police ofÏcial. He further submits that the bail application of the co-accused persons, namely, Prem Dhanwar and Ashok Ram Paswan have already been rejected by this Court vide order dated 28.03.2025 passed in MCRC No. 2508/2025. 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 18.03.2025 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 the bail application of the co-accused persons, namely, Prem Dhanwar and Ashok Ram Paswan have already been rejected by this Court vide order dated 28.03.2025 passed in MCRC No. 2508/2025. 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
3 offence levelled against the applicant and the fact that the bail application of the co-accused persons, namely, Prem Dhanwar and Ashok Ram Paswan have already been rejected by this Court vide order dated 28.03.2025 passed in MCRC No. 2508/2025, 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, namely, Munchu @ Santram Rathiya involved in Crime No.53/2025, registered at Police Station- Punjipathra, District Raigarh (C.G.) for the offence punishable under Sections 34(2) 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
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. Preeti