1 2025:CGHC:34067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5628 of 2025 1 - Shailendra Rathore S/o Bhisham Rathore Aged About 20 Years R/o Vilalge Umariya, P.S. And Tahsil Jaithari, District Annuppur M.P. 2 - Pradeep Rathore S/o Komal Singh Rathore, Aged About 19 Years R/o Village Umariya ( Thakurdai ) P.S. And Tehsil Jaithari, District Annuppur M.P. ... Applicants versus State of Chhattisgarh Through SHO Police Station Gourela, District Gourela Pendra Marwahi C.G. … Non-Applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.07 .202 5 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. 81/2025, registered at Police Station - Gourela, District Gourela- Pendra- Marwahi, (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story in brief, is that on receiving secret information on 21.01.2025, three persons traveling in Vehicle No. CG12.BC.9212 were apprehended on 29.03.2025 at Devargaon Tekampara. During the search, 22 cartons of English liquor bearing MP labels of various brands such as Simran, Goa, Officer’s Choice, McDowell No.1, Royal Stag, and Bagpiper amounting to a total of approximately 187.020 liters, were recovered from the vehicle. The estimated value of the liquor is Rs. 1,00,000/-. Additionally, the Eco car used in the incident (valued at Rs. 3,00,000/-), three mobile phones (Techno, Realme, and Samsung worth Rs. 18,000/-) were also seized from the possession of the accused persons. A total recovery of Rs. 4,18,000/- was made, and accordingly, the present offence has been registered, leading to the filing of this bail application. 3. Learned counsel for the applicants submits that the applicant has been falsely implicated in this case. 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 and the applicant has no criminal antecedent and they are in jail since 29.03.2025 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 submitted before the competent Court. She further 3 submits that 22 cartons of English liquor bearing MP labels of various brands amounting to a total of approximately 187.020 liters, estimated value of the liquor is Rs. 1,00,000/-, additionally, the Eco car used in the incident (valued at Rs. 3,00,000/-), three mobile phones (Techno, Realme, and Samsung worth Rs. 18,000/-) were seized from the possession of the accused persons. She also submits that the other co-accused person, namely Tejraj Rathor, has already been rejected bail by this Court in MCRC No. 5106/2025 vide order dated 02.07.2025. Hence, they are also 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 applicant and the fact that a huge quantity of liquor, i.e. 187.020 bulk liters of English liquor bearing MP labels of various brands were seized from the possession of the applicants without any valid licence and no plausible explanation has been offered in this regard, further the other co-accused person, namely Tejraj Rathor, has already been rejected bail by this Court in MCRC No. 5106/2025 vide order dated 02.07.2025, 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 Shailendra Rathore and Pradeep Rathore, involved in Crime No. 81/2025, 4 registered at Police Station - Gourela, District Gourela- Pendra- Marwahi, (C.G.) for the offence punishable under Sections 34(2) and 59(A) 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 Rahul Dewangan