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2025 DAILYLAW 41067 (CHH)

KAMESH SAHU v. STATE OF CHHATTISGARH

MCRC/7115/2025 · 2025-09-07

body2025

Judgment text

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1 2025:CGHC:45663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7115 of 2025 Kamesh Sahu S/o Mohit Ram Sahu, Aged About 23 Years R/o Supela, Ward No. 12, P.S. Supela, District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Kondagaon, District – Kondagaon (C.G.) ---- Non-applicant For Applicant : Mr. Raza Ali, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.09.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 446/2024 registered at Police Station City Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the Police of Police Station Kondagaon, District – Kondagaon (C.G.) received a secret information through the informant and on the basis of the said RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 information, a raid was conducted and the Police has seized a total of 222.12 liters of liquor from the possession of the present applicant, thereafter, the applicant was arrested by the Police and the crime was registered against the applicant. 3. Earlier the first bail application of the applicant was rejected by this Court vide order dated 10.03.2025 passed in MCRC No. 1935/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the seizure witnesses have turned hostile before the learned trial Court. The applicant is in jail since 14.12.2024 and the conclusion of this case will take a long time, hence, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel would oppose the bail application and perused the case diary and submits that the chargesheet has been filed before the trial Court, and a huge quantity of liquor i.e. 222.12 bulk liters has been seized from the possession of the applicant, and on the same ground the first bail application of the applicant was rejected by this Court. Therefore, this bail application is also liable to be rejected. 6. I have heard learned counsel for the parties and perused all the documents available on record. 7. Considering the facts and circumstances of the case, and the fact that a huge quantity of liquor i.e. a total of 222.12 liters of liquor 3 has been found from the possession of the applicant and and on the same ground the first bail application of the applicant was rejected by this Court, and the charge sheet has been filed in the present case, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the Second bail application of the applicant – Kamesh Sahu filed under Section 483 of the BNSS, involved in Crime No. 446/2024 registered at Police Station City Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and make efforts to conclude the trial expeditiously, preferably within a period of 04 months from the date of passing of this order, if there is no any legal impediment. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar