1 2025:CGHC:19416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3272 of 2025 Indra Kumar Khairwar S/o Jairam Khairwar Aged About 19 Years R/o Village Paterapali Kala, Police Station Nagarda, District Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate/ Collector, District Janjgir-Champa (C.G.) (Police Station Champa) ... Respondent(s) For Applicant(s) : Mr. Kunwar Sahu, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2025 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.46/2025, registered at Police Station- Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on February 7, 2025, during a vehicle check, the police stopped a vehicle (CG-11/BP-8509) driven by Ashish Khairwar. The applicant and co-accused, Mangalu AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Ram, were also traveling in the said vehicle. The police recovered 50 bulk liters of country-made liquor from the applicant and 50-150 bulk liters of illicit liquor from the co-accused persons. Thereafter, a crime was registered, and the accused persons were arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant is a farmer, he had taken lift from a car in which the co- accused Ashish Khairwar was found to have been carrying 250 bulk liters of liquor, due to which, present applicant has also been implicated in the case and seizure of 50 bulk liters of liquor has been shown from him. 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 07.02.2025 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 joint possession of the applicant and other co- accused persons i.e. 250 bulk liters of liquor. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. 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 charge-sheet has been filed before the competent Court and a huge quantity of liquor, totaling 250 bulk liters of liquor was seized from the joint possession of the applicant and other co- accused persons 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. 7. Accordingly, the bail application of the applicant, namely, Indra Kumar Khairwar, involved in Crime No.46/2025, registered at Police Station- Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 34(2) 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