Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48345
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7563 of 2025 Shambhu Behra S/o Vipin Behra Aged About 40 Years R/o Village Gobarghora, Police Station And Tahsil Deepka, District Korba Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Deepka, District Korba Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 19.09.2025
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.91/2025, registered at Police Station- Deepka, District Korba (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Act.
2. The prosecution story in brief, is that, as per secret information received from the informant, the Police of Police Station Deepka, District Korba (C.G.) seized 120 bulk liters of Hadiya liquor from the possession of the applicant, which led to the registration of the alleged offence against the applicant and subsequent, the applicant was arrested. Hence, the bail application.
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 and the applicant has no criminal antecedent, the applicant is in jail since 02.09.2025 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 been filed before the competent Court. She further submits that though the applicant has no criminal antecedent, but the quantity of liquor seized from the possession of the applicant i.e. 120 bulk liters of Hadiya liquor, therefore, 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 been filed before the competent Court and a huge quantity of liquor, totaling 120 bulk liters of Hadiya liquor was seized from the possession of the applicant without any valid licence and no plausible explanation has been offered in this regard, furthermore, considering the gravity and seriousness of this case, it cannot be a case of false implication, as such, 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, Shambhu Behra, involved in Crime No.91/2025, registered at Police Station- Deepka, District Korba (C.G.) for the offence punishable under Section 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. Sd/-
(Ramesh Sinha)
Chief Justice
Akhil