1 2025:CGHC:16696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2804 of 2025 Samaru Gond S/o Shri Nanakoo Gond Aged About 40 Years R/o Village Kotami Sonar, Ward No. 18, Police Station-Akaltara, District-Janjgir Champa (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Akaltara District Janjgir Champa (C.G.) ... Non-applicant For Applicant : Mr. Vishvanath Prasad Shrivas, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 52/2025, registered at Police Station - Akaltara, District-Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 10:55:56 +0530 2 3. The prosecution's story, in brief, is that the police of Police Station Akaltara, District-Janjgir-Champa, received a secret information from an informant and on the basis of the said information, conducted a raid and seized 210 bulk liters of country made (mahua) liquor from the possession of the applicant. Thereafter the aforesaid offences were registered against the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence 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 antecedents and he is in jail since 09.02.2025, the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that 210 bulk liters of country made liquor (mahua) were seized from the possession of the applicant which is huge quantity. Hence, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offense leveled against the applicant, and the fact that a huge quantity of liquor, i.e., 210 bulk liters of handmade liquor (mahua), was seized from the possession of the applicant without any valid license, and no plausible explanation has been offered in 3 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. 8. Accordingly, the bail application of the applicant namely, Samaru Gond, involved in Crime No. 52/2025, registered at Police Station - Akaltara, District-Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek