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2025 DAILYLAW 57939 (CHH)

MANOJ CHOURGE v. STATE OF CHHATTISGARH

MCRC/8635/2025 · 2025-10-30

body2025

Judgment text

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1 2025:CGHC:53345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8635 of 2025 Manoj Chourge S/o Dudhnath Chourge Aged About 19 Years R/o Ward No. 14, Nawapara Thana and Teh. Sarangarh, District Sarangarh- Bilaigarh C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District - Sarangarh-Bilaigarh C.G. ... Non-applicant For Applicant : Mr. Udho Ram Koshaley, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10 .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.430/2025, registered at Police Station - Sarangarh, District - Sarangarh-Bilaigarh (C.G.) of the under Sections 34(2) and 59-A of Chhattisgarh Excise Act. 2. As per the prosecution story, in brief, the police received secret PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.01 10:55:00 +0530 2 information from an informant that, on 25.08.2025, an unknown person was in possession of illegal liquor intended for sale. Acting on the information, the police conducted a raid and seized 110 litres of country-made hand- Kachichi Mahua liquor from an open place at the spot of the incident. The person in possession failed to produce any valid documents for the seized liquor. Consequently, the police registered a case against the applicant for offences punishable under Sections 34(2) and 59-A of the Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the Police has not seized any article from the possession of the applicant because Police has seized illicit liquor at open place. Further, the applicant has no previous criminal antecedents and the charge-sheet has been filed and the present applicant is in jail since 25.08.2025 and the conclusion of the trial is likely to take quite long time. 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. 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 been filed before the competent Court, however, the quantity of liquor seized from the possession of the applicant i.e. 110 litres of country-made hand- Kachichi Mahua liquor. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case, the charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. 110 litres of country-made hand Kachichi Mahua liquor 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 - Manoj Chourge respectively involved in Crime No.430/2025, registered at Police Station - Sarangarh, District - Sarangarh-Bilaigarh (C.G.) of the under Sections 34(2) and 59-A of 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti