1 2025:CGHC:52978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8590 of 2025 Rajesh Jamre S/o Somlal Aged About 39 Years R/o Village Abhilasha Nagar, P S Azad Nagar, District Indore, (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through P S Excise Circle Bodla, Disrict Kabirdham, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ankur Diwan and Mr. Vikhyat Arora, Advocates. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.180/2025, registered at Police Station- Excise Circle Bodla (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) and 36 of the Chhattisgarh Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that on 04.02.2025, acting on a tip-off, the Excise Sub-Inspector of Circle Bodla set up a checkpoint at Excise Check Post Chilphi. During the blockade, a Swaraj Mazda vehicle bearing registration number MP09/GH5531, driven by accused Rajesh Jamre, was intercepted. Upon a lawful search, a total of 4437 bulk liters of liquor packed in cartons was recovered from the said vehicle and seized by the authorities, thereafter, the accused was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He further submits that the 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. He also submits that the present applicant is not the owner of the alleged liquor and was merely performing his duty as the driver of the said vehicle, for which he was paid a sum of Rs.5,000/- by Mukesh Prajapati. so far as the status of trial is concerned, applicant out of seven witnesses, two witnesses have been examined before the trial Court, the applicant is in jail since 29.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicants on regular bail. 4. On the other hand, learned counsel for the State opposes the bail 3 application and submits that in the present case, charge-sheet has been filed before the competent Court. She further submits that a huge quantity of 4437 bulk liters of liquor was recovered from the vehicle which was being driven by the present applicant. 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 applicants and the fact that in the present case charge-sheet has been filed before the competent Court and a huge quantity of liquor, totaling 4437 bulk liters was recovered from the vehicle which was being driven by the present 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 applicants on bail. 7. Accordingly, the bail application of the applicant, namely, Rajesh Jamre, involved in Crime No.180/2025, registered at Police Station- Excise Circle Bodla (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) and 36 of the Chhattisgarh Excise Act, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from the date of receipt 4 of this order, in accordance with law, if there is no legal impediment. 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