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2025 DAILYLAW 22001 (CHH)

SUNIL KUMAR PANDA v. STATE OF CHHATTISGARH

MCRC/3882/2025 · 2025-05-14

body2025

Judgment text

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1 2025:CGHC:22094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3882 of 2025 1 - Sunil Kumar Panda S/o Murlidhar Panda Aged About 44 Years R/o Village Amlidih, Post Bhalumar, Thana And Tehsil Gharghoda District- Raigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Gharghoda District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Mr. Shaleen Singh Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.05.15 16:10:50 +0530 Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.05.15 16:10:50 +0530 2 with Crime No.45/2025, registered at Police Station- Gharghoda, District Raigarh (C.G.) for the offence punishable under Sections 34(2) and 34 (B) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 20.02.2025, the Police of Police Station Gharghoda,District Raigarh(C.G.) have received a secret information from the informant, on the basis of said information the Police conducted raid and have seized 107 bulk liters of country-made liquor from the possession of the present applicant. Thereafter, the crime has been registered for an offence punishable under Sections 34(2) and 34(B) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. 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 20.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 3 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 possession of the present applicant i.e. 107 bulk liters of country-made liquor. Hence, he 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 in the present case charge-sheet has been filed before the competent Court and a huge quantity of liquor, totaling 107 bulk liters of country-made liquor was seized from the possession of the applicant 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 Sunil Kumar Panda, involved in Crime No.45/2025, registered at 4 Police Station-Gharghoda, District Raigarh (C.G.) for the offence punishable under Sections 34(2) and 34(B) 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 Rekha