1 2025:CGHC:48409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7573 of 2025 Raju Kumar Sharma S/o Ramnaresh Sharma Aged About 40 Years R/o Chandan Gaon, P.S. Kotwali, District Chhindwara, Madhya Pradesh .. Applicant versus State of Chhattisgarh Through District Magistrate, District Rajnandgaon Police Station Baghnadi, District Rajnandgaon (C.G) ... Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Mr. Soumya Rai, 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. 02/2025, registered at Police Station – Baghnadi, District-Rajnandgaon (C.G.) for the offence punishable under Sections 34(2), and 36 of the Chhattisgarh Excise Act. 2. As per the prosecution story, on 28.01.2025, the police of Police Station Baghnadi received a call on 112 from one Mahesh Rajput informing that an accident had taken place at about 02:40 a.m. On receiving the said information, Officer Ravikant Ghritlahre reached the spot and found that a pickup vehicle had dashed into a truck from behind. The pickup vehicle ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.22 11:50:22 +0530 2 was loaded with cauliflowers, and upon seeing the 112 vehicle, members of the public who were looting the cauliflowers fled from the spot. Upon inspection, the police found that underneath the sacks of cauliflower, English liquor was kept, totaling 147 bulk litres, manufactured in Madhya Pradesh. No person was found present at the place of incident. Thereafter, the police registered an FIR under Section 34(2) of the C.G. Excise Act against an unknown person, and after investigation, the applicant was arrested. Upon completion of investigation, charge sheet has been filed against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the FIR was registered against an unknown person, and the police have not properly investigated the matter. The real culprit is someone else, but the applicant has been falsely implicated in this crime. The police have not made the registered owner of the vehicle an accused, in whose name the said vehicle stands registered. He further submits that nothing has been seized from the applicant, and there is absolutely no evidence in the charge sheet to show that the applicant was present at the scene of crime. As per the prosecution story itself, an accident occurred at the place of incident, and a large number of people were present at the spot who looted the items kept in the pickup vehicle. No one identified or noticed the applicant at that time. 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 is in jail since 13.05.2025, 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 opposes the bail application and submits that the charge sheet has already been filed before the 3 competent Court. He further submits that 147 bulk litres of English liquor were being transported in a vehicle that had been taken on rent by the applicant from the owner, looking to the quantity of the seized liquor, it is argued that the applicant is not entitled to the grant of regular 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 147 bulk litres of English liquor were being transported in a vehicle that had been taken on rent by the applicant from the owner. Considering the quantity of the seized liquor and seriousness of this case, 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, Raju Kumar Sharma, involved in Crime No. 02/2025, registered at Police Station – Baghnadi, District-Rajnandgaon (C.G.) for the offence punishable under Sections 34(2), and 36 of the Chhattisgarh Excise Act, is rejected. 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 Abhishek