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2025 DAILYLAW 19153 (CHH)

TULSI KASHYAP v. STATE OF CHHATTISGARH

MCRC/3547/2025 · 2025-05-06

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Judgment text

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1 2025:CGHC:21112 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3547 of 2025 Tulsi Kashyap S/o Jagdish Kashyap Aged About 33 Years R/o Gunjheta, P.S. Kukdur, Tahsil Pandaria, Dist. Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Kukdur, District – Kabirdham (C.G.) ...Non-Applicant For Applicant : Mr. Ajay Ayachi, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No.22/2025, registered at Police Station – Kukdur, District – Kabirdham (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, the Police Station concerned has received a secret information through the informant, and on the basis of said information the Police have seized 351 bulk liters of liquor from the possession of the co-accused and from the memorandum statement of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the co-accused the name of the applicant has come into light. Thereafter, the crime has been registered against the applicant, and the applicant was arrested by the Police. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that no such recovery has been made from the possession of the applicant, as the same has been recovered from the co-accused whose bail application has already been rejected by this Court vide order dated 20.03.2025 passed in MCRC No. 1741/2025. He also submits that for under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 23.03.2025 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, learned State counsel opposes the bail application and submits that in the present case, and though the quantity of liquor seized from the possession of the co-accused i.e. 351 bulk liters of liquor, and the name of the applicant has come into light from the memorandum statement of the co-accused as the applicant has ordered for purchase of the said liquor, and the bail application of the co-accused has already been rejected by this Court vide order dated 20.03.2025 passed in MCRC No. 1741/2025. Hence, she 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 the quantity of liquor seized from the possession of the co-accused i.e. 351 3 bulk liters of liquor, and the name of the applicant has come into light from the memorandum statement of the co-accused as the applicant has ordered for purchase of the said liquor, and the bail application of the co- accused has already been rejected by this Court vide order dated 20.03.2025 passed in MCRC No. 1741/2025. 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 Tulsi Kashyap involved in Crime No.22/2025, registered at Police Station – Kukdur, District – Kabirdham (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. 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 Rajshekhar