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2025 DAILYLAW 17417 (CHH)

PIYUSH KUMAR v. STATE OF CHHATTISGARH

MCRC/3825/2025 · 2025-06-10

body2025

Judgment text

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1 2025:CGHC:23049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3825 of 2025 Piyush Kumar S/o Chandulal Aged About 22 Years R/o Village Karounda, Tola, Post Khati, Police Station Amarkantak, District Anuppur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kukdur, District Kabirdham (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pawan Shrivastava, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.06.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 22/2025 registered at Police Station Kukdur, District Kabirdham (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that as per secret information AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 received from the informant, the Police of Police Station Kukdur, District Kabirdham (C.G.) seized 351 bulk liters of liquor from the possession of the applicant, thereafter, aforementioned offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 20.03.2025 in MCRC No.1741 of 2025, therefore this second bail application is filed on the ground that the applicant is a 22 years old man with a wife and a 6 months old child who are completely dependent on him for their livelihood. Since there is no one else to care of them, they are facing significant financial difficulties following the applicant's incarceration, charge-sheet has been filed in the present case and the applicant is in jail since 08.02.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that in the present case, charge-sheet has already been filed and the quantity of liquor seized from the possession of the applicant i.e. 351 bulk liters of liquor is a huge quantity, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant 3 was rejected by this Court vide order dated 20.03.2025 in MCRC No. 1741 of 2025 on the ground that the huge quantity of liquor has been seized from the possession of applicant i.e. 351 bulk liters of liquor without any valid licence and no plausible explanation has been offered regarding the same, further there appears to be no good ground in this second bail application. 7. Accordingly, the second bail application of the applicant- Piyush Kumar, involved in Crime No. 22/2025 registered at Police Station Kukdur, District Kabirdham (C.G.) for the offence punishable under Section 34(2) of C.G. 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. Office 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