1 2025:CGHC:21427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2941 of 2025 Gaurav Vishwakarma S/o Dev Sharan Vishwakarma Aged About 37 Years R/o Madna Depo, PS- Gaurela Tahsil- Pendra Road, Distt.- Gaurela-Pendra-Marwahi (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Gaurela Distt.- Gaurela-Pendra- Marwahi (C.G.) ... Non-applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2025 1. 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. 81/2025, registered at Police Station – Gaurela, District-Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 34(2), 59(A) of the Chhattisgarh Excise Act. 2. According to the prosecution's story, on 29.03.2025, Assistant Sub- Inspector Ashok Sonwani lodged a report at Gaurela police station. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.09 20:30:36 +0530 2 He stated that he, along with Head Constable Santosh Kumar Banjare, Ravi Tripathi, and Chaupal Kashyap, received secret information and stopped vehicle No. CG 12 BC 9212 near Devargao Teka Para. In the car, they found three persons: Tejraj Rathore, Shailendra Rathore, and Pradeep Rathore. A total of 187.20 bulk liters of liquor of different brands were seized from the possession of the co-accused. Based on the recorded memorandum statement, the offense was registered against the applicant. 3. 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 only 01 criminal antecedents and he is in jail since 30.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that in the present case, the charge sheet has been filed before the competent court. She submits that 187.20 bulk liters of liquor of different brands were seized from the possession of the co-accused. Based on the recorded memorandum statement, it was revealed that the applicant had ordered the said liquor and made payment through PhonePe, therefore, she prays that the applicant is not entitled for grant of 3 regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 187.20 bulk liters of liquor of different brands were seized from the possession of the co-accused, based on the recorded memorandum statement, it was revealed that the applicant had ordered the said liquor and made payment through PhonePe, 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 applicant on bail. 7. Accordingly, the bail application of the applicant namely, Gaurav Vishwakarma, involved in Crime No. 81/2025, registered at Police Station – Gaurela, District-Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 34(2), 59(A) of the Chhattisgarh Excise Act, is rejected. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek