Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19075
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3243 of 2025 Lokeshwar Kumar Sahu S/o Dron Kumar Sahu Aged About 24 Years R/o Kapaalfodi, P.S. - Magarlod, District - Dhamtari (C.G.)
... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Amlipadar, District - Gariyaband (C.G.)
... Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 28.04.2025
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. 22/2025, registered at Police Station - Amlipadar, District-Gariyaband (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. As per the prosecution's story, on 16.02.2025, upon receiving secret information about the illegal transportation of liquor from the state of Odisha, the applicant, along with co-accused persons, was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.29 11:29:33 +0530
2 found to be in possession of 9.600 bulk liters of liquor valued at approximately ₹23,840, which was seized from the applicant. Based on the applicant's memorandum statement, another quantity of liquor was discovered. The storage was attributed to Akhtar Khan, the other co-accused person, as per the applicant's statement. A total of 150.800 bulk liters of liquor valued at approximately Rs. 39,200/- and 12.420 bulk liters of another liquor, valued at approximately Rs. 13,350/- were seized, thereafter the aforesaid case was registered against the applicant.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence 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 antecedents and he is in jail since 17.02.2025 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, the learned counsel for the State opposes the bail application and submits that although the applicant has no criminal antecedents and 9.600 bulk liters of liquor were seized from his possession, the statement of the applicant revealed the name of the other co-accused, namely Akhtar Khan, who stored a huge quantity of liquor, i.e., 162 bulk liters. This indicates that it is an organized crime; therefore, the applicant is not entitled to the grant of regular bail.
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5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, the nature and gravity of the offense leveled against the applicant, and the fact that although the applicant has no criminal antecedents and 9.600 bulk liters of liquor were seized from his possession, the statement of the applicant revealed the name of the other co-accused, namely Akhtar Khan, who stored a huge quantity of liquor, i.e., 162 bulk liters, shows that it is an organized crime, therefore, 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 namely, Lokeshwar Kumar Sahu involved in Crime No. 22/2025, registered at Police Station - Amlipadar, District-Gariyaband (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 forthwith. Sd/-
(Ramesh Sinha)
Chief Justice
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Abhishek