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2025 DAILYLAW 31100 (CHH)

KHEMRAM SAV v. STATE OF CHHATTISGARH

MCRC/5138/2025 · 2025-07-31

body2025

Judgment text

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1 2025:CGHC:37921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5138 of 2025 1. Khemram Sav S/o Fagulal Sav Aged About 31 Years R/o Village Aourda (Wrongly Mentioned In Order Aurda) Tah Pusour, District Raigarh (C.G.) 2. Shivkumar Sahu S/o Vidyadhar Sahu Aged About 27 Years R/o Village Dumarpali, Tahsil Pusour, District Raigarh (C.G.) ... Applicants versus State of Chhattisgarh Through Thana In Charge Jutmil, District Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.08.2025 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. 208/2025, registered at Police Station – Jutmil, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution case is that on 09.06.2025, Police Station Jutmil received secret information that applicant No. 1 was arriving in a Maruti Van bearing registration number CG 11 BB 7598, and applicant No. 2 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.04 11:04:12 +0530 2 was following on a scooty without a number plate. Acting on this information, the police intercepted the vehicle and seized 580 liters of liquor from the Maruti Van, allegedly in possession of the present applicants. Based on this, an F.I.R. was lodged at the concerned police station. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that there is no specific allegation made against the present 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 antecedents and they are in jail since 09.06.2025 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 already been filed before the competent court. She submits that applicant No. 1 allegedly transported 580 liters of liquor in a van, and applicant No. 2 was piloting the said vehicle, which is a huge quantity. Hence, they are not entitled to the grant of bail 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offense leveled against the applicants, and the fact that applicant No. 1 allegedly transported 580 liters of liquor in a van, while applicant No. 2 was piloting the said vehicle, which is a huge quantity, without any valid license, and no plausible explanation has been offered in this regard, furthermore, considering the gravity and seriousness of this case, and it being unlikely to 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. 3 7. Accordingly, the bail application of the applicants namely, Khemram Sav and Shivkumar Sahu involved in Crime No. 208/2025, registered at Police Station – Jutmil, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected. 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 Abhishek