1 2025:CGHC:18142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3027 of 2025 Shekhar Singh S/o Ishwari Singh Aged About 21 Years R/o Village Mudbhadur, Out Post Jalbandha, Tahsil Khairagarh, District Khairagarh-Chhuikhadan- Gandai (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Out Post Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) (As Per Final Report) ... Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2025 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.47/2025, registered at Out Post Jalbandha, Police Station Khairagarh, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.25 10:38:35 +0530 2 District Khairagarh-Chhuikhadan-Gandai (C.G.) of the under Sections 34(2), 42 of Chhattisgarh Excise Act. 3. The prosecution story in brief, is that, on 05.02.2025, the ASI of Out Post Jalbandha, Police Station Khairagarh received information that the co-accused Narendra Verma kept liquor in the house of co- accused, namely, Dujram Verma. Thereafter, the Police raided and seized 101.700 bulk liters of foreign liquor from the house of Dujram Verma, after that memorandum statement of co-accused Narendra Verma recorded on 05.02.2025 and he disclosed that with the help of one Rahu he brought the alleged liquor, thereafter on 12.02.2025 again memorandum statement of co-accused Narendra Verma recorded and now he disclosed that he brought this liquor on White Swift Car with the help of one Lalla Singh, thereafter suddenly the applicant arrested on 28.03.2025 on the allegation that he brought those alleged liquor from Madhya Pradesh. Thereafter, offence under Section 34(2), 42 of Excise Act has been registered and filed the charge-sheet before the concerned Court. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant happens to be driver of the vehicle in question and his name has came into light in the memorandum statement of the co- accused person, namely, Dujram Verma. Further, the applicant has no previous criminal antecedents and the charge-sheet has been filed and the present applicant is in jail since 28.03.2025 and the conclusion of the trial is likely to take quite long time. He also submits that for under Section 34(2) of the Chattisgarh Excise Act, 3 minimum punishment is one year and maximum punishment is three years. 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, the charge-sheet has been filed before the competent Court and the bail application of the co-accused persons, namely, Dujram Verma has been rejected by this Court vide order dated 03.03.2025 passed in MCRC No. 1622/2025, however, the quantity of liquor seized from the possession of the applicant and other co-accused person i.e. 101.700 bulk liters of foreign liquor. Hence, they are 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 the present case, the charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. totalling 101.700 bulk liters of foreign liquor was seized from the possession of the applicant and other co-accused person without any valid licence and no plausible explanation has been offered in this regard, further, the bail application of the co-accused persons, namely, Dujram Verma has been rejected by this Court vide order dated 03.03.2025 passed in MCRC No. 1622/2025, 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 4 the applicant on bail. 8. Accordingly, the bail application of the applicant - Shekhar Singh involved in Crime No.47/2025, registered at Out Post Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) under Sections 34(2), 42 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti