2025:CGHC:56193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6828 of 2025 Parasram Bhardwaj S/o Jahaji Bhardwaj Aged About 39 Years R/o- Village Chherkadih, P.S. Palari, District Balodabazar- Bhatapara (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S, City Kotwali Balodabazar Distt. Balodabazar-Bhatapara (C.G) ... Respondent For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 111/2025, registered at Police Station – City Kotwali Balodabazar - Bhatapara District – Balodabazar-Bhatapara (C.G) for the offence punishable under Section 34(2) & 36 of the Chhattisgarh Excise Act and Section 111 of the BNS. 2. The prosecution story in brief is that on 29.01.2025 at the police authority on patrolling, during that time police received secret VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.19 12:35:37 +0530 information that in a vehicle registration number 3277 was carrying illegal liquor after which the vehicle was stopped near Krishi Upaj mandi Balodabazar, during search of the vehicle co-accused namely Pritesh Gupta, Bhakt Prahlad Daharia, Ritesh Sahu Dev Yadav were arrested at the spot and the liquor 100 cartons of Goa English Whisky was seized from the vehicle. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that applicant name surfaced only in the memorandum of a co-accused, whereas the recovery of 900 bulk liters of liquor was made from three other accused persons whose bail applications were rejected by this Hon’ble Court in MCRC No. 2316/2025 on 24.03.2025. Insofar as the applicant is concerned, the police had earlier submitted a closure report after finding no evidence against him, however, after the arrest of another absconding co-accused, his name was again unnecessarily mentioned, despite no seizure being made from his possession. During trial, two prosecution witnesses have already turned hostile against the co- accused from whose possession the recovery was made, further demonstrating the weakness of the prosecution case. The memorandum of co-accused Pritesh Gupta merely stated that another accused informed him about 100 boxes of liquor being brought from Madhya Pradesh, and even after obtaining call details, the police found no evidence against the applicant and accordingly filed the final report on 23.04.2025. Despite this, the applicant was suddenly arrested again on 03.07.2025 in the same crime number without any new evidence and solely due to political pressure, as he is serving as Panchayat Secretary, Gram Panchayat Kararidih, Tehsil Tilda-Newra, District Raipur. The applicant's implication also arises out of personal enmity, as the wife of the applicant and the wife of co-accused Suraj Kosle were business partners and, after disputes arose and the partnership ended, Suraj Kosle who is known for implicating the applicant in false cases has misused his influence to drag the applicant into this crime as well, evidenced by Crime No. 60/2025 registered by him on the same day as the present FIR. Though the applicant has four antecedents, he stands acquitted in two and granted bail in the remaining two; hence, there is no adverse inference against him. The bail applications of co- accused were dismissed, but the case of the present applicant stands on a completely different footing, as no recovery has been made from him and no material implicates him in the alleged offence. The applicant is the sole breadwinner of his family, and his detention is causing severe hardship to his dependents, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non- applicant opposes the bail application and submits that in the present case the charge-sheet has already been filed before the competent Court. It is further submitted that on 29.01.2025, while the police party was on patrolling duty, they received a secret information that a vehicle bearing registration No. CG22-R-3277 was transporting illegal liquor. Acting upon the said information, the police intercepted the vehicle near Krishi Upaj Mandi, Balodabazar, and upon conducting a search, co-accused persons namely Pritesh Gupta, Bhakt Prahlad Daharia, Ritesh Sahu, and Dev Yadav were apprehended on the spot. During the search, 100 cartons of Goa English Whisky were seized from the vehicle, therefore, considering the nature and gravity of the offence, the State opposes the grant of bail to the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offences alleged against the applicant, and the material available in the case diary, it is revealed that on 29.01.2025, acting upon specific information, the police apprehended co-accused persons namely, Ritesh Sahu, Dev Yadav, Pritesh Gupta, and Bhakt Prahlad Dahriya while they were transporting illicit liquor in pickup vehicle No. CG22-R-3277, from which 100 cartons (900 bulk liters) of Goa Whisky, along with the vehicle valued at Rs. 7,78,000/-, were seized. Upon being served notice under Section 94 of the BNS, the accused persons failed to produce any valid documents regarding possession or transportation of the said liquor, leading to registration of offences under Sections 34(2) and 36 of the Chhattisgarh Excise Act vide Crime No. 111/2025 at Police Station City Kotwali. During investigation, Section 111 of the BNS, was also invoked as the accused persons were found to have organized themselves for the purpose of earning unlawful profit. In the memorandum statement of the co-accused, the absconding accused Parasram Bhardwaj was arrested on 03.07.2025, and the case diary further reflects that the present applicant has criminal antecedents, including Crime No. 68/2021 at Police Station Palari under Sections 294, 506-B, 323, 34 IPC, and Crime No. 62/2023 at Police Station Simga under Section 34(2) of the Chhattisgarh Excise Act, indicating that he is a habitual offender. Considering the gravity of the offence, the recovery of a substantial quantity of illicit liquor, and the applicant’s criminal history, this Court finds no ground to extend the benefit of bail to the applicant. 7. Accordingly, the bail application stands rejected, as this is not a case of false implication and is not fit for grant of bail. 8. Accordingly, the bail application of the applicant namely, Parasram Bhardwaj, involved in Crime No. 111/2025, registered at Police Station – City Kotwali Balodabazar - Bhatapara District – Balodabazar- Bhatapara (C.G) for the offence punishable under Section 34(2) & 36 of the Chhattisgarh Excise Act and Section 111 of the BNS., is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav