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2025 DAILYLAW 28633 (CHH)

HEMANT DANSENA v. STATE OF CHHATTISGARH

MCRC/4725/2025 · 2025-06-19

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Judgment text

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1 2025:CGHC:26531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4725 of 2025 Hemant Dansena S/o Puran Lal Dansena Aged About 27 Years R/o Village - Bhalunara, Police Station And Tah. - Kharsiya, District - Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Kharsiya, District - Raigarh (C.G.) ... Respondent For Applicant : Shri Ravi Kumar Banjare, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.256/2025 registered at Police Station, Kharsiya, District Raigarh (C.G.). for the offence punishable under Sections 34(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.21 12:45:44 +0530 2 59(A) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 03.05.2025 the police of police station Kharsiya District Raigarh (C.G.) has seized total 6.3 bulk liter country made and foreign liquor from the possession of present applicant, hence this bail application. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application was rejected by this Court on 22/05/2025 vide MCRC No.4028/2025. He would submit that the alleged liquor has not been recovered from exclusive possession of the applicant. He would submit that the applicant has three cases one crime no. 577/2018- U/s 36(c) has been disposed of and crime no. 266/2024- U/s 34(2) & crime no. 538/2023-U/s 34(1) C.G. Excise Act both are pending, further charge-sheet has already been filed in the present case, the applicant is in jail since 03.05.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. He would submit that the applicant has two criminal antecedents under the Excise Act which pertains to the year 2023 and 2024. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second 3 bail application of the applicant and the first bail application of the applicant was rejected on merits by this Court on 22/05/2025 vide MCRC No.4028/2025. Considering the fact that the applicant has two criminal antecedents under the Excise Act which pertains to the year 2023 and 2024 and there appears to be no new ground raised in this second bail application to entertain the same, therefore I am not inclined to grant bail to the applicant. 7. Accordingly, the second bail application of the applicant- Hemant Dansena, involved in Crime No.256/2025 registered at Police Station Kharsiya, District Raigarh (C.G.). for the offence punishable under Sections 34(2), 59(A) of C.G. Excise Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. o the trial Court concerned for necessary information and co tr Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri