Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23453
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4210 of 2025 Sonu Gupta S/o Ajay Gupta Aged About 30 Years R/o Badi Bazar Chirmiri, Thana Chirmiri, District M.C.B. (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through - Police Station- Kota, District Bilaspur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 12.06.2025
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.98/2025, registered at Police Station- Kota, District Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, on 03.02.2025, as per secret information received from the informant, the Police of Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Kota, District Bilaspur (C.G.) seized 162 bulk liters of English Goa liquor from the joint possession of applicant and other co-accused persons, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application.
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 further 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. He also submits that the applicant is in jail since 03.02.2025 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, 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 joint possession of the applicant and other co- accused persons i.e. 162 bulk liters of English Goa 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
3 Court and a huge quantity of liquor, totaling 162 bulk liters of English Goa liquor was seized from the joint possession of the applicants and other co-accused persons without any valid licence and no plausible explanation has been offered in this regard, also considering the gravity and seriousness of the case, it is an organized crime 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, Sonu Gupta, involved in Crime No.98/2025, registered at Police Station- Kota, District Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) 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
Akhil