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2025 DAILYLAW 52586 (CHH)

KANSHIRAM v. STATE OF CHHATTISGARH

MCRC/8260/2025 · 2025-10-14

body2025

Judgment text

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1 2025:CGHC:51529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8260 of 2025 Kanshiram S/o Ganguram Aged About 28 Years R/o Ghatamdawa Dera, P.S. Githouri Tundra District Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Gidhouri, District – Balodabazar-Bhatapara (C.G.) ...Non-Applicant For Applicant : Mr. Pawan Kumar Kashyap, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 208/2025, registered at Police Station – Gidhouri, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, the Police Station concerned has received a secret information through the informant, and on the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 basis of said information the Police have seized 120 bulk liters of Mahua liquor from the possession of the applicant. Thereafter, the crime has been registered against the applicant, and the applicant was arrested by the Police. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that there are 2 criminal antecedents of the applicant in which he is acquitted. He also submits that for under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 19.09.2025 and 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 State counsel opposes the bail application and submits that in the present case, the applicant has 2 previous criminal antecedent and the quantity of liquor seized from the possession of the applicant i.e. 120 bulk liters of Mahua liquor. 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 fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 120 bulk liters of Mahua liquor was seized from the possession of the applicant and no plausible explanation has been given in this regard. Furthermore, considering the gravity and seriousness of this case, it cannot be a case of false 3 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 Kanshiram involved in Crime No. 208/2025, registered at Police Station – Gidhouri, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 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 Rajshekhar