Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37355
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5960 of 2025 Suraj Chandel S/o Shri Mannalal Chandel Aged About 31 Years Caste Domar, R/o Ward No. 3, Mauhapara Manendragarh, Police Station And Tahsil Manendragarh, District M.C.B. (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Jhagrakhand, District M.C.B. (C.G.)
... Non-applicant For Applicant : Mr. Kaushal Yadav, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 30.07.2025
1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.79/2025, registered at Police Station- Jhagrakhand, District-Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, as per secret information receive from the informant, on the basis of said information, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 Police conducted raid and have seized 30 cartoons of Goa Whisky containing 50 bottles of 180 ml, total 1500 bottles about 270 liters of foreign liquor from the possession of the applicant along with one co-accused Sujeet Kumar which was amounting Rs. 1,80,000/- Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the accused persons.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. 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 applicant has no criminal antecedent and he is in jail since 12.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.
4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has not been filed before the competent Court however, the quantity of liquor seized from the possession of the applicant along with one co-accused namely Sujeet i.e. 270 liters of foreign liquor which is huge quantity. 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 levelled against the applicant and the fact that in
3 the present case charge-sheet has not been filed before the competent Court however, a huge quantity of liquor, i.e. 270 liters of foreign liquor has been seized from the possession of the applicant along with co-accused namely Sujeet without any valid licence and no plausible explanation has been offered in this regard. 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 applicant on bail.
7. Accordingly, the bail application of the applicant namely Suraj Chandel, involved in Crime No.79/2025, registered at Police Station- Jhagrakhand, District-Manendragarh-Chirmiri-Bharatpur (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/-
(Ramesh Sinha)
Chief Justice
0.
. Kunal