Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20516
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3455 of 2025 Pradeep Markandey S/o Shri Hemant Markandey Aged About 35 Years R/o Village- Munrethi Ps Mandir Hasaud District- Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Excise (Circle) Aarang, District- Raipur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Sachin Nidhi, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2025
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 248/2024-25 registered at Police Station Excise (Circle) Aarang, District- Raipur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 36, 59A of C.G. Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Excise AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 (Circle) Aarang, District- Raipur (C.G.) seized 1170 bulk liters of liquor from the possession of the applicant, thereafter, aforementioned offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 19.03.2025, therefore this second bail application is filed on the ground that the applicant is the candidate in Gram Panchayat election for his village and due to political rivalry, he has been implicated in the case, further he even does not belong to the place, where the crime is alleged to have been committed and the owner of the plant has not been arrayed as co-accused, charge- sheet has been filed in the present case and the applicant is in jail since 01.02.2025, hence, 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, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 1170 bulk liters of liquor, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6.
From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 19.03.2025 in MCRC
3 No. 2176 of 2025 on the ground that the huge quantity of liquor has been seized from the possession of applicant i.e. 1170 bulk liters of liquor without any valid licence and no plausible explanation has been offered regarding the same, further there appears to be no good ground in this second bail application. 7. Accordingly, the second bail application of the applicant- Pradeep Markandey, involved in Crime No. 248/2024-25 registered at Police Station Excise (Circle) Aarang, District- Raipur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 36, 59A of C.G. 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. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil