1 2025:CGHC:40532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6355 of 2025 1 - Akash Nirmalkar S/o Krishna Nirmalkar Aged About 33 Years R/o Village Tumdibod, District : Rajnandgaon, Chhattisgarh 2 - Linkeshwar Verma S/o Mannu Lal Verma Aged About 28 Years R/o Village Nathun Navagaon, Tehsil Dongargarh, District : Rajnandgaon, Chhattisgarh 3 - Khagesh Kumar S/o Jhanak Lal Aged About 26 Years R/o Village Nathun Navagaon, Tehsil Dongargarh, District : Rajnandgaon, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Dhamdha, District : Durg, Chhattisgarh ... Respondent For Applicants : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.08.2025 1. The applicants have preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as they have been arrested in connection with Crime No. 44/2025, registered at Police Station VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.13 11:28:41 +0530 2 Dhamdha, District – Durg (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the case of prosecution, on on 16.04.2025, the Assistant Sub Inspector Narendra Singh Rajput of Police Station Dhamdha got a tip- off 2 from the Constable deployed at Dial 112 from Village Mudpar that a vehicle Nexon Car bearing registration No. CG-04-MD-2018 is filled with a large quantity of liquor. Based on the information, the Sub- Inspector along with his staff, during the search seized the said Nexon Car in a damaged condition containing a total of 117 bulk litres of illicit liquor worth Rs 87,750/-. The said liquor and vehicle were taken into custody by the Assistant Sub-Inspector of Police Station Dhamdha. Based on the aforesaid, an FIR was registered against the driver of the said vehicle for the offence punishable under Section 34(2) of The Chhattisgarh Excise Act, 1915. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the present applications have been falsely implicated as the illicit liquor has been seized from the co-accused and not from the present applicants. He further submits that looking to the facts and circumstances of the case as well as looking to detention and the applicants have been in jail since 26.04.2025 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 State Counsel appearing for the State/non- applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. She 3 further submits that the illegal liquor to sale and and police has seized total 117 bulk litters liquor from the possession of the applicants. As such, they are 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 applicants and the fact that a huge quantity of liquor, i.e. 117 bulk liters liquor have seized from the possession of the applicants 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 applicants on bail. 7. Accordingly, the bail application of the applicants namely, Akash Nirmalkar, Linkeshwar Verma & Khagesh Kumar involved in Crime No. 44/2025, registered at Police Station Dhamdha, District – Durg (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav