1 2025:CGHC:41250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5547 of 2025 • Resham Bai Sidar W/o Late. Manoj Sidar, Aged About 47 Years R/o Village- Khada, Police Station- Seepat, District- Bilaspur, (C.G.) ... Applicant versus • State of Chhattisgarh Through - Station House Officer- Seepat, District- Bilaspur, (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Galib Dwivedi, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.351/2025 registered at Police Station Sipat, District Bilaspur (C.G.), for the offence punishable under Section 34(1)(a)/(F) and 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that, the applicant has been arrested by Police of Police Station Sipat, District – Bilaspur (C.G.) under crime No.351 of 2025 under sections 34(1)(a)/(F) & 34(2) of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.19 10:27:24 +0530 2 C.G. Excise Act for having illegal possession of 155 bulk litter hand made liquor. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has one criminal antecedents and he is in jail since 22.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has one criminal antecedents. As such, 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 that the applicant is having one criminal antecedent and the charge-sheet has been filed, but the huge quantity of liquor that has been seized from the possession of the applicant 155 bulk litter, therefore, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Resham Bai Sidar, involved in Crime No.351/2025 registered at Police Station Sipat, District Bilaspur (C.G.), for the offence punishable under Section 34(1)(a)/(F) and 34(2) of the Chhattisgarh Excise Act. , is rejected. 3 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-d/- (Ramesh Sinha) Chief Justice vaishali