1 2025:CGHC:20488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2837 of 2025 Ravi Kumar Gupta S/o Suresh Gupta Aged About 35 Years R/o Kanchannagar, P.S.- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through The Excise Sub Inspector, Excise Circle Wadrafnagar, District- Balrampur-Ramanujganj (C.G.) … Non-Applicant For Applicant : Mr. A.N. Pandey, Advocate appears through video conferencing. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05 .202 5 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. 95/2025, registered at Police Station - Excise Circle Wadrafnagar, District- Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 34(1)A, 34(2), 49(A) & 59(A) of the Chhattisgarh Excise Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story in brief, is that, as per secret information receive from the informant, on the basis of said information the Police conducted raid and have seized total of 60 liters of foreign liquor whiskey in three white jars of 20 liter capacity, a total of 45 liters of foreign liquor whiskey in three jars of 15 liter capacity, a total of 5.58 liters of whiskey in 31 quarters of McDowell No. 1 whiskey and 375 ml in one half McDowell No. 1 bottle, total quantity 110.995 liters of foreign liquor whiskey worth Rs. 1,10,995/- from the possession of the applicant. Thereafter, the crime has been registered for an offence punishable under Sections 34(1)A, 34(2), 49(A) & 59(A) of the Chhattisgarh Excise Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in this case. He further submits that the police have not seized the liquor from the exclusive possession of the present applicant. 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 and the applicant has no criminal antecedent and he is in jail since 20.03.2025 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 counsel for the State opposes the bail application and submits that in the present case, the charge-sheet has not been submitted till date as the investigation is still going on. She further submits that the quantity of liquor seized from the 3 possession of the applicant i.e. 60 liters of foreign liquor whiskey in three white jars of 20 liter capacity, a total of 45 liters of foreign liquor whiskey in three jars of 15 liter capacity, a total of 5.58 liters of whiskey in 31 quarters of McDowell No. 1 whiskey and 375 ml in one half McDowell No. 1 bottle, total quantity 110.995 liters of foreign liquor whiskey worth Rs. 1,10,995/-. 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 though the charge-sheet has not been submitted, but the fact that a huge quantity of liquor, i.e. 60 liters of foreign liquor whiskey in three white jars of 20 liter capacity, a total of 45 liters of foreign liquor whiskey in three jars of 15 liter capacity, a total of 5.58 liters of whiskey in 31 quarters of McDowell No. 1 whiskey and 375 ml in one half McDowell No. 1 bottle, total quantity 110.995 liters of foreign liquor whiskey worth Rs. 1,10,995/- was seized from the possession of the applicant without any valid licence 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 Ravi Kumar Gupta, involved in Crime No. 95/2025, registered at Police Station - 4 Excise Circle Wadrafnagar, District- Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 34(1)A, 34(2), 49(A) & 59(A) 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 Rahul Dewangan