1 2025:CGHC:7737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1247 of 2025 Md. Hafiz Ansari S/o Tejamul Ansari Aged About 24 Years R/o Village- Surtha, Thana- Patan, District Palamu (Jharkhand) ... Applicant(s) versus State Of Chhattisgarh Through P.S.- Ramanujganj, Dist- Balrampur- Ramanujganj (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Sudhir Sharma, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.220/2024, registered at Police Station- Ramanujganj, Dist- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 34(1)(A), 49(A) and 34(2) of the Chhattisgarh Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that, on 10.12.2024, the Police of Police Station Ramanujganj, Dist- Balrampur-Ramanujganj (C.G.) after received secret information from the informant reached at spot and seized the vehicle bearing No.JH-03-AJ-9548 loaded with spirits and recovered 560 liter of Spirit in 14 boxes from the possession of applicant, thereafter, the aforesaid offence has been registered against the applicant. 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 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 applicant has no criminal antecedent and he is in jail since 10.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant 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 spirit i.e. 560 liter of Spirit in 14 boxes seized from the possession of the 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 3 Court and a huge quantity of spirit, totaling 560 liter of Spirit in 14 boxes were seized from the possession of the 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, Md. Hafiz Ansari, involved in Crime No.220/2024, registered at Police Station- Ramanujganj, Dist- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 34(1)(A), 49(A) and 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. Sd/- (Ramesh Sinha) Chief Justice Akhil