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2025 DAILYLAW 23369 (CHH)

SALDULU @ SAIDUL v. STATE OF CHHATTISGARH

MCRC/3941/2025 · 2025-07-03

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Judgment text

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1 2025:CGHC:30674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3941 of 2025 Saldulu @ Saidul S/o Satya Aged About 38 Years R/o Mahadevdand, Thana And Tahsil Bagicha, District- Jashpur (C.G.), Permanent Address- Village- Aakarum, Thana Saali Gorarum, Distt. Naalgonda (Andhra Pradesh) ... Applicant versus State of Chhattisgarh Through- Station House Officer, P.S. Bagicha, Distt. Jashpur (C.G.) ... Non-applicant For Applicant : Mr. J.K. Gupta, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 64/2025 registered at Police Station Bagicha, District- Jashpur (C.G.), for the offence punishable under Sections 34(1)(d), 34(2) of the Chhattisgarh Excise Act. 2. The earlier bail application of the applicant has been rejected by this Court vide order dated 01.05.2025 passed in MCRC No. 3347 of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2025 on the ground that a huge quantity of liqour, totaling 105 bulk liters of country made liquor was seized from the possession of the present applicant without any valid licence and no plausible explanation has been given in this regard. 3. The case of the prosecution, in brief, is that the police of Police Station : Bagicha, District- Jashpur (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 105 bulk liters of country made liquor from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(1)(d), 34(2) of the C.G. Excise Act against the present applicant. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, and in the present case the charge-sheet has been filed before the competent Court and 02 witnesses have been examined and they have not supported the case. He also submits that the applicant is in jail since 01.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant and submits that a huge quantity of liqour, totaling 105 bulk liters of country made liquor was seized from the possession of the present applicant without any valid licence and no plausible explanation has been given in this regard, therefore, he is not entitled for grant of regular bail. 3 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, the charge-sheet has been filed before the competent Court and 02 witnesses have been examined and they have not supported the case and the applicant is in jail since 01.04.2025, the same cannot be a ground for releasing the applicant on bail, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant - Saldulu @ Saidul, involved in Crime No. 64/2025 registered at Police Station Bagicha, District- Jashpur (C.G.), for the offence punishable under Sections 34(1)(d), 34(2) of the Chhattisgarh Excise Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan