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2025 DAILYLAW 18757 (CHH)

SHIVNANDAN SIDAR v. STATE OF CHHATTISGARH

MCRC/3194/2025 · 2025-04-25

body2025

Judgment text

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1 2025:CGHC:18902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3194 of 2025 Shivnandan Sidar S/o Late Sukhsagar Sing Aged About 43 Years R/o Vill. Sidar Mohalla, Darrabhatha P.S. Sipat District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Sipat, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravi Kumar Banjare, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.04.2025 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.177/2025, registered at Police Station- Sipat, District Bilaspur (C.G.) for the offence punishable under Sections 34(2) and 34(1)(F) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 01.04.2025, the Police of Police Station Sipat, District Bilaspur (C.G.) seized 110 bulk liters AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 of handmade liquor from the possession of applicant, thereafter, aforesaid 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 applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has no criminal antecedent and he is in jail since 01.04.2025 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, 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 and the quantity of liquor seized from the possession of the applicant i.e. 110 bulk liters of handmade liquor. Hence, he is not entitled for grant of 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 though in the present case charge-sheet has been filed before the competent Court, but huge quantity of liquor, totaling 110 bulk liters of handmade 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 3 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. 7. Accordingly, the bail application of the applicant, namely, Shivnandan Sidar, involved in Crime No.177/2025, registered at Police Station- Sipat, District Bilaspur (C.G.) for the offence punishable under Sections 34(2) and 34(1)(F) of the Chhattisgarh 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. OfÏce 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