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2025 DAILYLAW 40946 (CHH)

SHIVAM VERMA v. STATE OF CHHATTISGARH

MCRC/7073/2025 · 2025-09-25

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Judgment text

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1 2025:CGHC:49468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7073 of 2025 1 - Shivam Verma S/o Hemlal Aged About 26 Years R/o Ward No. 12 Ps- Palari District- Balaodabazar ( C.G. ). 2 - Rahul Meena S/o Kamlesh Meena Aged About 26 Years R/o Abhilasha Nagar Nemawar Road Indore ( M.P. ). ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Berla District- Bemetara ( C.G. ). ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.09.2025 1. None appears nor is any representation made on behalf of the applicants to press this bail application when the case is called out. 2. It transpires from the record that the applicants are in jail since 09.05.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 3. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as they have been arrested in connection with Crime No.29/2025, registered at Police Station Berla District- Bemetara (C.G), for the offences punishable under Section 34 (2) of the C.G. Excise Act. 4. The case of the prosecution, in brief, is that on 06.02.2025, pursuant to secret information, the police seized 4,104 bulk liters of illicit liquor from a truck bearing registration number CG-04-PU-9647. The applicants/accused were arrested based on the memorandum statements of other co-accused. Hence, the bail application. 5. It transpires from the order-sheet dated 04.09.2025, that counsel for the applicants was given time to explain the 09 criminal antecedents of the applicant No.1, out of which, 6 cases are under the Excise Act, which are pending against him. 6. The learned counsel for the State opposes the bail application and submits that charge-sheet has been filed and the applicant No.1 has 09 criminal antecedents, out of which, 06 are under the Excise Act, further 4,104 bulk liters of illicit liquor from a truck bearing registration number CG-04-PU-9647 and the names of present applicants were come into light from the memorandum statement of the co-accused persons. She further submits that bail application of co-accused persons, namely, Anil Verma and Yogesh Meena have already been rejected by this Court vide orders dated 05.05.2025 and 01.07.2025 in MCRC No.3475 of 2025 and MCRC No.5036 of 3 2025, respectively, therefore they are not entitled for grant of bail. 7. I have perused the case diary. 8. From perusal of the records, it prima facie appears that a huge quantity of liquor, totaling 4,104 bulk liters of illicit liquor was seized from a truck bearing registration number CG-04-PU-9647 and the names of present applicants have come into light from the memorandum statement of the co-accused persons and the bail application of co-accused, namely, Anil Verma and Yogesh Meena, have already been rejected by this Court vide orders dated 05.05.2025 and 01.07.2025 in MCRC No.3475 of 2025 and MCRC No.5036 of 2025, respectively, so far as criminal antecedents of the applicants are concerned, applicant No.1 has 09 criminal antecedents, out of which, 06 cases are under the Excise Act, which shows that he is a habitual offender, considering the huge recover, gravity and seriousness of this case, it is an organized crime and as such, this Court is of the view that it is not a fit case to enlarge the applicants on bail. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil