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2025 DAILYLAW 47846 (CHH)

CHOTELAL DHURVE v. STATE OF CHHATTISGARH

MCRC/9632/2025 · 2025-11-26

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Judgment text

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2025:CGHC:57817 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9632 of 2025 Chotelal Dhurve S/o Shukla Singh Dhurve Aged About 25 Years R/o Village- Benda, Police Station- Chilphi, District : Kawardha (Kabirdham), Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Station House Of Police Station- Chilphi, District : Kawardha (Kabirdham), Chhattisgarh ... Respondent For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.30/2025, registered at Police Station Chilphi, District – Kabirdham (C.G) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The Prosecution story in brief is that on 17.08.2025 station house officials of police station-Chilphi, District-Kabirdham (C.G.) received VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.27 17:22:22 +0530 secrete information that the present applicant illegal possession in his house, thereafter Police officer has been raided and seized Total quantity 359.280 bulk litter country made & foreign liquor from the possession of the applicant. According the police officer of registered in FIR against the applicant and alleged offences punishable under section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the manner in which the police officials conducted the raid and allegedly seized the quantity of liquor from the applicant creates serious suspicion regarding the authenticity of the proceedings, and false implication of the applicant cannot be ruled out. Considering the small quantity of liquor alleged to have been recovered, the period of detention already undergone by the applicant, and the fact that there is no likelihood of the applicant repeating the offence, he deserves to be released on regular bail. The applicant has no criminal antecedents the FIR registered against him appears doubtful and the investigation has already been completed, with the charge-sheet filed before the concerned Trial Court. The alleged offence is triable by the Judicial Magistrate First Class, and the applicant has been in jail since 17.08.2025.. 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 further submits that seized Total quantity 359.280 bulk liter country made & foreign liquor from the possession of the applicant. As such, 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 facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and the fact that 359.280 bulk liter country made & foreign liters have been seized from the possession of the applicant, which is a huge quantity, without any valid license, and no plausible explanation has been offered in this regard, furthermore, considering the gravity and seriousness of this case, and it being unlikely to 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, Chotelal Dhurve, involved in Crime No.30/2025, registered at Police Station Chilphi, District – Kabirdham (C.G) for the offence punishable under Section 34(2) of the C.G. Excise Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav