Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18362
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3093 of 2025 Lakhanlal Kurre S/o Chheduram Aged About 55 Years R/o Nagadai Police Station Takhatpur, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through OfÏcer-In-Charge of Police Station Takhatpur, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Palash Agrawal, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.04.2025
1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 76/2025 registered at Police Station- Takhatpur, District Bilaspur (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 18:24:46 +0530
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3. Case of the prosecution, in brief, is that on 09.02.2025, on the information of the informant, a total of 112 liters of Kacha Mahua Liquor made through hand furnace kept in 8 pieces of white plastic jerry cane of ten liters capactiy kept for sale has been seized from the possession of the present applicant. On demand for documents regardng the said liquor, the applicant failed to provide it. On the basis of which the applicant was arrested by the Police for the alleged offence. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has three previous criminal antecedents. He further submits that the charge-sheet has been filed and he is in jail since 09.02.2025. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. He further submits that the applicant has three previous criminal antecedents, however, the quantity of liquor seized from the possession of the applicant i.e. 112 lites of Kacha Mahua Liquor. Therefore, he is not entitled for grant of bail. 6.
I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. 112 lites of Kacha Mahua Liquor was seized from the possession of the applicant without any valid licence and no plausible
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Sd/-
(Ramesh Sinha)
Chief Justice Preeti