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2025 DAILYLAW 50739 (CHH)

SURESH SAHU @ CHILLU @ SINGHAM v. STATE OF CHHATTISGARH

MCRC/8170/2025 · 2025-10-13

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Judgment text

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1 2025:CGHC:51150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8170 of 2025 Suresh Sahu @ Chillu @ Singham S/o Bipat Sahu Aged About 40 Years R/o Koilari, P/s Lalpur, Distt. Mungeli, Chhattisgarh ...Applicant Versus State Of Chhattisgarh Through S.H.O. Police Station- Lalpur, Distt. Mungeli, Chhattisgarh ... Non-applicant For Applicant : Mr. Shikhar Agnihotri, Advocate For Non-applicant : Ms. Shubra Shrivastava, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.05.2025 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. 77/2025, registered at Police Station - Lalpur, District – Mungeli (C.G.) for the offence punishable under Section 34(2), 59 (a) of the Chhattisgarh Excise Act, 1915. 2. The prosecution's story, in brief, is that the police of Police Station Lalpur, District - Mungeli, received a secret information from an informant and on the basis of the said information, conducted a raid and seized 11.700 bulk liters of country made liquor from the possession of the applicant. Thereafter the aforesaid offences were registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 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 12 criminal antecedents in which, 07 cases are registered for the offences punishable under the Excise Act, 1915 and are pending before the concerned Trial Court. He is in jail since 03.05.2025, 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 11.700 bulk liters of country made liquor were 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 12 criminal antecedents in which, 07 cases are registered under the Excise Act, 1915 and 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 11.700 bulk liters of handmade liquor 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, Suresh Sahu @ Chillu @ Singham, involved in Crime No. 77/2025, registered at Police Station - Lalpur, District – Mungeli (C.G.) for the offence punishable under Section 34(2), 59 (a) of the Chhattisgarh Excise Act, 1915 is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 3 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