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2025 DAILYLAW 25678 (CHH)

MEGH SINGH v. STATE OF CHHATTISGARH

MCRC/4379/2025 · 2025-06-11

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:23579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4379 of 2025 1 - Megh Singh S/o Sunder Singh Aged About 53 Years R/o Village - Firangi Police Outpost - Bundeli, Police Station - Tendukonda, District - Mahasamund Chhattisgarh 2 - Punitram Yadav S/o Rameshar Yadav Aged About 53 Years R/o Village - Navagaon Kala, Police Outpost - Bundeli, Police Station - Tendukonda, District - Mahasamund Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through, Excise Circle Pithora, District - Mahasamund Chhattisgarh ... Non-applicant(s) For Applicants : Mr. Surfaraj Khan, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 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.36/2025, registered at Police Station- Excise Circle Pithora, District-Mahasamund (C.G.) for the offence punishable under KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that as per secret information received from the informant and on the basis of said information, the Police conducted raid and have seized 104 bulk liters of country made iquor from the joint possession of the applicants. Thereafter, the aforesaid offence has been registered against the applicants. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. The alleged liquor has not been recovered from the conclusive possession of the applicants. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicants have no criminal antecedent and they are in jail since 12.05.2025 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 however, the quantity of liquor seized from the joint possession of the applicants i.e. 104 bulk liters of country made liquor which is huge quantity. 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 in the present case charge-sheet has been filed before the competent 3 Court however, a huge quantity of liquor, i.e. 104 bulk liters of country made liquor has 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 namely Megh Singh and Punitram Yadav involved in Crime No.36/2025, registered at Police Station- Excise Circle Pithora, District- Mahasamund (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 0. . Kunal