Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 59146 (CHH)

DURYODHAN KASHYAP v. STATE OF CHHATTISGARH

MCRC/9349/2025 · 2025-11-19

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:56561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9349 of 2025 1. Duryodhan Kashyap S/o Lachhu Aged About 25 Years R/o Jaibel, Khaspara, P.S. Karpawand District Bastar, Chhattisgarh 2. Pitam Netam S/o Late Mangluram Aged About 32 Years R/o Santosha Gaurabhar, P.S. Karpawand District Bastar, Chhattisgarh 3. Sonuram Netam S/o Birsingh Aged About 30 Years R/o Santosh Gaurabhar, P.S. Karpawand District Bastar, Chhattisgarh 4. Nameram Kashyap S/o Khatkundi Aged About 21 Years R/o Chataodi, Navagudapara, P.S. Karpawand, District Kondagaon, Chhattisgarh 5. Devendra Korram S/o Baisakhu Aged About 25 Years R/o Chataodi, Nayapara, P.S. Karpawand, District Kondgaon, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Police Station Karpawand District Bastar Chhattisgarh ... Non-Applicant For Applicants : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.11 .202 5 1. The applicants have preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.64/2025, registered at Police Station – Karpawand, District - Bastar (C.G.) of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.21 10:23:40 +0530 2 under Sections 34(2) of Chhattisgarh Excise Act. 2. As per the case of the prosecution, the police of Police Station Karpawand, District Bastar (C.G.), seized a total of 201.420 bulk liters of foreign-made liquor from the joint possession of the present applicants. The applicants were arrested by the police, and a case has been registered against them under the C.G. Excise Act. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the applicants were employees of one Vichalpati Rao, who was the contractor of the liquor shop and held the licence. The applicants, who were intercepted by the raiding party, could not produce any licence, as the licence holder was Vichalpati Rao Further, the applicants have no previous criminal antecedents. The charge-sheet has been filed, and the present applicants have been in jail since 22.08.2025. The conclusion of the trial is likely to take a considerable amount of time. He also submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment is one year and the maximum punishment is three years. Therefore, he prays for the release of the applicants 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 present applicants total of 201.420 bulk liters of foreign-made liquor. Hence, they are 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 the fact that in the present case, the charge-sheet has been filed before the competent Court and the applicants were employees of one Vichalpati Rao, who was the contractor 3 of the liquor shop and held the licence, the applicants, who were intercepted by the raiding party, could not produce any licence and on a pointed query being made from the counsel for the applicant as to whether Vichalpati Rao, the contractor of the liquor shop, actually possessed a licence, the attention of the Court was drawn to Ground No. 6(c), which shows that there is no mention of any licence being held by Vichalpati Rao, the contractor (Thekedar), further, the applicants have no previous criminal antecedents and the present applicants have been in jail since 22.08.2025, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 7. 7. Accordingly, the bail application of the applicants - Duryodhan Kashyap, Pitam Netam, Sonuram Netam, Nameram Kashyap and Devendra Korram, respectively involved in Crime No.64/2025, registered at Police Station – Karpawand, District - Bastar (C.G.) for the under Section 34(2) of Chhattisgarh Excise Act, is rejected. 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