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2025 DAILYLAW 18464 (CHH)

BALI SINGH THAKUR v. STATE OF CHHATTISGARH

MCRC/3149/2025 · 2025-04-24

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Judgment text

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1 2025:CGHC:18592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3149 of 2025 Bali Singh Thakur S/o Late Uday Singh Thakur Aged About 40 Years R/o Panarapara Village- Belputi, P.S. Bakawand, Jagdalpur District Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station . Bakawand, District Bastar (C.G.) ... Non-applicant(s) For Applicant : Mr. Praveen Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 68/2024, registered at Police Station : Bakawand District- Bastar (C.G.) for the offence punishable under Section 34(2), 36 and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the Police of Police Station Bakawand, District- Bastar (C.G.), received a secret information from the informant and on the basis of such information, the police conducted raid and have seized 342 liters of liquor worth KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 of Rs. 2,56,500/- from the possession of the co-accused Doman Netam and Ayatu Kashyap, further on the basis of their memorandum statement, the present applicant has been made accused and arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the charge-sheet was submitted against the applicant on 01.12.2024 and the applicant was surrendered before the concerned trial Court on 26.03.2025 and it is further stated that the applicant was well with in his house but the police has not arrested the applicant and the co-accused has already been granted bail. He further submits that the alleged liquor was not recovered from the possession of the applicant as the same was recovered from the possession of the co-accused. He further submit that submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 26.03.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, the charge-sheet was filed against the applicant on 01.12.2024 and the applicant surrendered before the trial Court on 26.03.2025 which reflect that he absconded for three months and did not surrender in pursuance of the present FIR further the quantity of liquor seized from the possession of the co-accused is 342 liters of liquor, which is huge quantity. Hence, looking to the seriousness of this, the present 3 applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the fact and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in the present case, charge-sheet was filed against the applicant on 01.12.2024 and the applicant was surrendered before the trial Court on 26.03.2025 which reflect that he absconded for three months and did not surrender in pursuance of the present FIR further the quantity of liquor seized from the possession of the co- accused is 342 liters of liquor, which is huge quantity and it cannot be a case of false implication thus, this Court is of the view that it is not a fit case to release the applicant on bail. 7. 7. Accordingly, the bail application of the applicant namely- Balisingh Thakur, involved in Crime No. 68/2024, registered at Police Station : Bakawand District- Bastar (C.G.) for the offence punishable under Section 34(2), 36 and 59(A) of the C.G. Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal