Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31677
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4099 of 2025 Arjun Verma S/o Tarakram Verma Aged About 32 Years R/o Village Pawantara, Outpost Pawantara, Police Station And Tahsil Dhamdha, District Durg Chhattisgarh
… Applicant versus State Of Chhattisgarh Through Police Station Dhamdha, District Durg Chhattisgarh
... Non-Applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 09.07
.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.44/2025, registered at Police Station- Dhamdha, District Durg (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, on 16.04.2025, the Assistant Sub- Inspector Narendra Singh Rajput of Police Station Dhamdha got a tip-off PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.10 14:28:13 +0530
2 from the Constable deployed at Dial 112 from Village Mudpar that a vehicle Nexon Car bearing registration No. CG-04-MD-2018 is filled with a large quantity of liquor. Based on the information, the Sub-Inspector along with his staff, during the search seized the said Nexon Car in a damaged condition containing a total of 117 bulk litres of illicit liquor worth Rs 87,750/-. The said liquor and vehicle were taken into custody by the Assistant Sub-Inspector of Police Station Dhamdha. Based on the aforesaid, an FIR was registered against the driver of the said vehicle for the offence punishable under Section 34(2) of The Chhattisgarh Excise Act, 1915.
3.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the total 117 bulk liters of liquor was recovered from a car abandoned in a location, but during the course of investigation, the name of the applicant has came into light in the memorandum statement of the co-accused and the applicant was arrested and pointing out total 08.64 liters was recovered from under a bridge. 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, further the charge-sheet has been submitted and they are in jail since 19.04.2025 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 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 joint possession of the applicant i.e. 117 bulk litres of Liquor. Hence, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3
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, the charge-sheet has been filed before the competent Court and total quantity of 117 bulk liters of liquor was recovered from a car which was lying in an abandoned place, but during the course of investigation, the name of the applicant has came into light in the memorandum statement of the co-accused and the applicant was arrested and pointing out total 08.64 liters was recovered from under a bridge 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, namely, Arjun Verma Crime No.44/2025, registered at Police Station- Dhamdha, District Durg (C.G.) for the offence punishable under Sections 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
0. . Preeti