1 2025:CGHC:7504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1129 of 2025 1 - Keshav Kumar Khare S/o Karan Lal Khare Aged About 42 Years R/o House No. 348, Ward No. 7, Karela Para, Uparwaah, Tahsil Rajnandgaon, District- Rajnandgaon (Chhattisgarh) 2 - Krishna Prasad Sao @ Shambhu Sao S/o Vishwanath Sao Aged About 55 Years R/o Dhadhka Road, Aasansol, District Vardhman, West Bengal, Presently R/o Bhanga Puliya, Patarras, Police Station And Tahsil Dantewada, Distt. South Bastar Dantewada (C.G.) ... Applicants versus State Of Chhattisgarh Through- Police Station- Nagarnar, District- Bastar (C.G.) ... Non-applicant For Applicants : Mr. Pritam Singh, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.221/2024, registered at Police Station-Nagarnar District-Bastar (C.G.) for the offence punishable under Sections 34(2) of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 29.11.2024, the Police of Police Station Nagarnar District- Bastar have received a secret information from the informant, on the basis of said information the Police conducted raid and have seized 258.24 bulk liters of foreign liquor from the joint possession of the applicants which was kept in a Maruti Suzuki Ecco Car which was not having number plate and was coming from Odisha State. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicants submits that the applicants have 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 also 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 applicants have no criminal antecedents and they are 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 application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the joint possession of the applicants i.e. 258.24 bulk liters of foreign liquor. Hence, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 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 258.24 bulk liters of foreign liquor was seized from the joint possession of the applicants 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 applicants namely Keshav Kumar Khare and Krishna Prasad Sao @ Shambhu Sao, involved in Crime No.221/2024, registered at Police Station- Nagarnar District-Bastar (C.G.) for the offence punishable under Sections 34(2) of the 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice 0. . Kunal