Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22051
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3697 of 2025 1 - Akil Khan S/o Shri Sakur Khan Aged About 56 Years R/o Ward No. 7, Bhausar Mohalla, Pandhana, Police Station - Pandhana, District- Khandwa (M.P.) 2 - Shekh Rauf S/o Shekh Nasir Aged About 55 Years R/o Ward No. 40 (Wrongly Mentioned As 42 In The Impugned Order), Hatampura, Police Station Mohghat, District- Khandwa (M.P.)
... Applicants versus The State of Chhattisgarh Through- The Officer In Charge of Police Station - Chilfi, District- Kabirdham (C.G.)
… Non-Applicant For Applicants : Mr. Roop Ram Naik, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Deputy Govt. Advocate Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 13.05
.202
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1. The applicants have preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 07/2025, registered at Police Station - Chilfi, District- Kabirdham, (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.13 15:30:55 +0530
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2. The prosecution story in brief, is that, as per secret information receive from the informant, on the basis of said information the Police conducted raid and have seized 4500 bulk liters of illegal liquor from the joint possession of the applicants. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the present applicants.
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Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the seized article is not liquor because as per liquor examination enquiry report the blue litmus paper was not changed i.e. no any colour has been changed as per the said examination. He also submits that the applicants have been arrested on 08.02.2025 at about 22.30 O’clock prior to registration on FIR and the FIR number has been mentioned as 07/2025 in the arrest memo, which clearly shows that the police has prepared false document before the police station and the search seizure and other compliance has not been completed on the spot. He further submits that the applicants have no criminal antecedents, the charge-sheet has been submitted before the competent Court and they are in jail since 08.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicants on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that in the present case, the charge-sheet has been submitted before the competent Court. He further submits that the quantity of liquor seized from the joint possession of the
3 applicants i.e. 4500 bulk liters of illegal liquor. 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 a huge quantity of liquor, i.e. 4500 bulk liters of illegal liquor was seized from the joint 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 applicants- Akil Khan and Shekh Rauf, involved in Crime No. 07/2025, registered at Police Station - Chilfi, District- Kabirdham, (C.G.) for the offence punishable under Section 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 Preeti