Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16689
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2823 of 2025 Bharat Swaroop Verma S/o Ram Kushal Verma Aged About 39 Years R/o Verma Mohalla, Ganiyari, Tahsil And PS Kota, District Bilaspur C.G.
... Applicant versus The State Of Chhattisgarh Through S H O, PS Kota, District Bilaspur C.G.
... Respondent For applicant : Shri Suraj Kumar Audheliya, Advocate appears through VC. For Respondent/State : Shri Bharat Kumar Gulbani, PL.
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.0219/2025, registered at Police Station- Kota, District Bilaspur (C.G.) for the offence punishable under Section 34(2) of CG Excise Act.
3. Case of the prosecution, in brief, is that on 13.03.2025, OfÏcers of PS GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.14 12:33:42 +0530
2 Kota, District Bilaspur CG has seized 135 bulk litres Bassia Latifolia (Mahua) made liquor valued Rs. 13,500/- from illegal possession of the applicant. Same day, the applicant was arrested for the offence under section 34(2) of CG Excise Act.
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 one criminal antecedent and he is in jail since 13.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.
5. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 135 bulk litres Bassia Latifolia (Mahua) made liquor. 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, 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. 135 bulk litres Bassia Latifolia (Mahua) made 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.
8. Accordingly, the bail application of the applicant, namely, Bharat
3 Swaroop Verma involved in Crime No.0219/2025, registered at Police Station- Kota, District Bilaspur (C.G.) for the offence punishable under Section 34(2) of CG 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 forthwith. Sd/-
(Ramesh Sinha)
Chief Justice
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