Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21706
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3633 of 2025
1. Balvinder Kumar S/o Kishore Aged About 25 Years Occupation - Driver, R/o Devigarh Road, Manjra, P.S. - Kilachouk, Teh. And District - Patiyala (Punjab)
2. Sarvan Singh S/o Swaran Singh Aged About 43 Years Occupation - Driver, R/o Chamba, P.S. - Shreyali, Tah. - Khadurshah, District - Tarantal (Punjab)
... Applicant versus State of Chhattisgarh Through - Station House Officer, P.S. - Duldula, District - Jashpur (C.G.)
... Non-Applicant For Applicant : Mr. Arjun Kumar Shukla, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 09.05
.202
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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.10/2025, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.12 11:18:06 +0530
2 registered at Police Station - Duldula, District - Jashpur (C.G.) of the under Sections 34(1)(a), 34(2) and 42 of Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, the Police of Police Station Duldula on the basis of secret information have seized 7015.320 liters English wine from the truck which was standing infront of Sardar Motel village Loro, Bagicha, District – Jashpur and registered the aforesaid case under the CG Excise Act against the applicants and arrested them.
3.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the false seizure memo has been prepared by the concerned Police to rope the present applicants. Further, the applicants have no previous criminal antecedents and the charge-sheet has been filed and the present applicants are in jail since 25.02.2025 and the conclusion of the trial is likely to take quite long time. 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. 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, the charge-sheet has been filed before the competent Court, however, the quantity of liquor seized from the possession of the applicants i.e. 7015.320 liters English wine. Hence, they are 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 applicants and the fact that in the
3 present case, the charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. 7015.320 liters English wine was seized from the possession of the applicants 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 applicants on bail.
7. Accordingly, the bail application of the applicant Nos. 1 and 2- Balvinder Kumar and Sarvan Singh respectively involved in Crime No.10/2025, registered at Police Station - Duldula, District - Jashpur (C.G.) of the under Sections 34(1)(a), 34(2) and 42 of 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/- Sd/-
(Ramesh Sinha)
Chief Justice Preeti