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2025 DAILYLAW 26334 (CHH)

SOHEB MIRJA v. STATE OF CHHATTISGARH

MCRC/4543/2025 · 2025-06-16

body2025

Judgment text

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1 / 3 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4543 of 2025 Soheb Mirja S/o Jalauddin Siddhqui Aged About 23 Years R/o Kelabadi Ward No. 40, District Durg, Chhattisgarh. ... Applicant Versus State of Chhattisgarh Through The Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Applicant : Mr. Anirudh Shrivastava, Advocate. For Non-applicant/State : Mr. Amit Kumar Verma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 1. The applicant has preferred this Second 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.46/2025, (wrongly written as 46/2023), registered at Police Station- Dongargarh, District: Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.18 18:28:30 +0530 2 / 3 2. The prosecution story in brief, is that, on 28.01.024, the Police of Police Station Dongargarh have received secrete information that some persons are travelling in two four wheeler and kept illicit liquor. On the basis of said information, the Police have conducted the raid of vehicle No. CG/08/BA-4380 and Vista Car No. CG-07/MB-2256 and recovered total 405 bulk liters illicit liquor from the said vehicle, therefore crime has been registered and arrested them. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the seizure has not been made from the present applicant and on the basis of memorandum of Dwarika Prasad, he has been implicated in the present case. He also submits that for offence 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 28.01.2025 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, the quantity of liquor seized from the possession of the applicant i.e. 405 bulk liters illicit 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 leveled against the applicant and the fact that the seized quantity of liquor is much above the commercial quantity, 3 / 3 further the applicant have failed to give explanation for the same and it cannot be a case of false implication. Furthermore, there is no any new ground raised in the present second bail application, 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- Soheb Mirja involved in Crime No.46/2025, (wrongly written as 46/2023), registered at Police Station- Dongargarh, District: Rajnandgaon (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/- Sd/- (Ramesh Sinha) Chief Justice Vaibhav