Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16927
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2841 of 2025 1 - Dhanraj Ratre S/o Dhanau Ratre Aged About 29 Years R/o Village Chilhati, P.S. Sarkanda, Tehsil And District Bilaspur, Chhattisgarh. 2 - Dharam Jeet Ratre S/o Dhanau Ratre Aged About 25 Years R/o Village Chilhati, P.S. Sarkanda, Tehsil And District Bilaspur, Chhattisgarh.
... Applicant(s) versus State Of Chhattisgarh Through P.S. Sarkanda, District Bilaspur, Chhattisgarh.
... Respondent(s) For Applicant(s) : Mr. Anway Tiwari, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 11.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. The applicants have preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 No.254/2025, registered at Police Station- Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act.
3. The prosecution story in brief, is that, on 14.02.2025, the applicants were found to be in possession of total 1160 bulk liters of country plain liquor, thereafter aforesaid offence has been registered against the applicant, subsequently, they were arrested. Hence, the bail application.
4.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicants have no criminal antecedents and they are in jail since 14.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicants on regular bail.
5. On the other hand, learned counsel for the State opposes the bail application and submits that the quantity of liquor seized from the joint possession of the applicants i.e. 1160 bulk liters of country plain liquor. Hence, they are not entitled for grant of bail.
6. I have heard learned counsel 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 applicants and the fact that a huge quantity of liquor, totaling 1160 bulk liters of country plain
3 liquor was seized from the joint possession of the applicants without any valid licence and no plausible explanation has been offered in this regard, 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 applicants on bail.
8. Accordingly, the bail application of the applicants, namely, Dhanraj Ratre and Dharam Jeet Ratre, involved in Crime No.254/2025, registered at Police Station- Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act, is rejected at this stage.
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice
Akhil