Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51472
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8244 of 2025 Kishan Chakradhari S/o Ram Khelawan Chakradhari Aged About 22 Years R/o Sarnapara, Village Bodemuda, P.S. And Teh. Khadgawan, Distt. Manendragarh Chirmiri Bharatpur, Chhattisgarh.
... Applicant Versus State Of Chhattisgarh Through P.S. Khadgawan, Distt. Manendragarh Chirmiri Bharatpur, Chhattisgarh.
... Non-applicant For Applicant : Mr. Shivam Agrawal, Advocate For Non-applicant : Mr. Soumya Rai, Panel Lawyer
S.B. :
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15.05.2025
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. 141/2025, registered at Police Station - Khadgawan, District – Mandendragarh – Chirmiri - Bharatpur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.
2. The prosecution's story in brief is that, on 24.06.2025, the police of Police Station - Khadagawan, District - Mandendragarh – Chirmiri - Bharatpur while on patrolling, received a secret information from an informant and on the basis of the said information, conducted a raid and seized 46.8 bulk liters of Goa Whiskey English Wine from the possession of the applicant. Thereafter SHUBHAM DEY Digitally signed by SHUBHAM DEY
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3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. 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 has 02 criminal antecedents registered for the offences punishable under the Excise Act, 1915 which are pending before the concerned Trial Court. He is in jail since 24.06.2025, 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 46.8 bulk liters of Goa Whiskey English Wine was seized from the possession of the applicant which is huge quantity. However, she do not dispute the submission of counsel for the applicant that the applicant is having 02 criminal antecedents registered under the Excise Act, 1915 which are pending before the concerned Trial Court. Hence, 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 offense leveled against the applicant, and the fact that 46.8 bulk liters of Goa Whiskey English Wine was seized from the possession of the applicant 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 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, Kishan Chakradhari, involved in Crime No. 141/2025, registered at Police Station - Khadgawan, District – Mandendragarh – Chirmiri - Bharatpur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 is rejected.
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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
Dey