Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17156
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2867 of 2025 Chhedilal Verma S/o Kalicharan Verma Aged About 30 Years R/o Village Ganiyari, Thana Kota, District Bilaspur Chhattisgarh.
... Applicant(s) versus State Of Chhattisgarh Through Police Station Kota, District Bilaspur Chhattisgarh.
... Non-applicant(s) For Applicant : Mr. Rajendra Kumar Patel, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15.04.2025
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.220/2025, registered at Police Station- Kota, District-Bilaspur (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
3. The prosecution story in brief, is that, as per secret information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 receive from the informant, on the basis of said information the Police conducted raid and have seized total 165 liters of Mahua liquor from the possession of the applicant whose price was approximately Rs. 33,000/-. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh 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 under the IPC, in which he has been acquitted and in the present case, 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 however, the quantity of liquor seized from the possession of the applicant i.e. 165 liters of Mahua liquor 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 fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in
3 the present case charge-sheet has been filed before the competent Court however, a huge quantity of liquor, i.e. 165 liters of Mahua liquor has been 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 Chhedilal Verma involved in Crime No.220/2025, registered at Police Station- Kota, District-Bilaspur (C.G.) for the offence punishable under Sections 34(2) 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 forthwith. Sd/-
(Ramesh Sinha)
Chief Justice .
2. Kunal