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2025 DAILYLAW 59467 (CHH)

BHUJO BHATRA v. STATE OF CHHATTISGARH

MCRC/9362/2025 · 2025-11-19

body2025

Judgment text

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1 2025:CGHC:56560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9362 of 2025 Bhujo Bhatra S/o Sada Bhatra, Aged About 27 Years, R/o Dharli, Mundaguda, P.S. Umarpur District - Navrangpur, Odisha. ... Applicant versus State of Chhattisgarh Through Police Station Karpawand, District - Bastar, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubjeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.11 .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.63/2025, registered at Police Station – Karpawand, District - Bastar (C.G.) for the under Section 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 148.200 bulk liters of foreign-made liquor from the possession of the present applicant and one other co-accused persons. The applicant was arrested by the police, and a case has been registered against them under the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant has been PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.21 10:23:41 +0530 2 been falsely implicated in this case. He further submits that the applicant was employee of one Vichalpati Rao, who was the contractor of the liquor shop and held the licence. The applicant, who were intercepted by the raiding party, could not produce any licence, as the licence holder was Vichalpati Rao. Further, the applicant has no previous criminal antecedents. The charge-sheet has been filed, and the present applicant is 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 applicant total of148.200 bulk liters of foreign-made liquor. 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 applicant and the fact that in the present case, the charge-sheet has been filed before the competent Court and the applicant was employees of one Vichalpati Rao, who was the contractor of the liquor shop and held the licence, the applicant, who was 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 applicant has no previous 3 criminal antecedents and the present applicant is 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 applicant - Bhujo Bhatra involved in Crime No.63/2025, 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