1 2025:CGHC:52350 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8455 of 2025 Bharat Jangde S/o Hemant Jangde Aged About 26 Years R/o Village-Bemcha, Police Station, Mahasamund, Tahsil And Distt- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House O.cer, Police Station Mahasamund, Dist- Mahasamund (C.G.) ... Non-applicant For Applicant : Ms. Raveena Tandan, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 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. 273/2024, registered at Police Station – Mahasamund, District-Mahasamund (C.G.) for the o;ence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story, in brief, is that on 31.05.2024, the police received information from an informant and, acting upon the said information, conducted a raid at the newly constructed house of Bhagchand in Village Bemcha. During the raid, the police apprehended accused Prakash Chaturvedi and recovered 687.780 litres of country-made liquor from his possession. Upon investigation, accused Prakash Chaturvedi named the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.28 15:37:11 +0530 2 present applicant. Accordingly, an FIR was registered. A charge-sheet was Bled against Prakash Chaturvedi, and he was tried before the competent court. After trial, the said accused was acquitted. The present applicant was subsequently arrested on 25.08.2025 in the instant crime number solely on the basis of the memorandum statement of accused Prakash Chaturvedi. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that the prosecution has not collected any material implicating the applicant in the instant o;ence. The present applicant has been arrested solely on the basis of the memorandum statement of accused Prakash Chaturvedi, who has already been acquitted by the learned trial Court. She further submits that the prosecution has not collected any document regarding the ownership of the property from which the excisable substance was recovered. As per the charge-sheet already Bled against accused Prakash Chaturvedi, the said property stands in the name of Bhagchand. She also submits that the alleged liquor has not been recovered from exclusive possession of the applicant. She submits that for the o;ence 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 antecedents and he is in jail since 25.08.2025, conclusion of the trial is likely to take quite long time. Therefore, she prays for releasing the applicant on regular bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that, in the present case, the charge sheet has been Bled before the competent court. She submits that 687.780 liters of country-made liquor were recovered from the possession of the co- accused, namely, Prakash Chaturvedi, and on the basis of his 3 memorandum statement, the present applicant was made an accused. She further submits that the applicant had been absconding since the time of the incident and was eventually arrested on 25.08.2025, therefore, he 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 facts and circumstances of the case, the nature and gravity of the o;ence alleged against the applicant, and the fact that a huge quantity of liquor, i.e., 687.780 liters of country-made liquor, was seized from the possession of the co-accused, and based on the recorded memorandum statement, it was revealed that the applicant is also involved in the aforesaid crime. Moreover, as the matter pertains to the year 2024 and the applicant had been absconding since the incident and was arrested only on 25.08.2025, there is every likelihood that, if released on bail, he may abscond again and further hamper the trial. Therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant namely, Bharat Jangde, involved in Crime No. 273/2024, registered at Police Station – Mahasamund, District-Mahasamund (C.G.) for the o;ence punishable under Sections 34(2) 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. O.ce is directed to provide a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek