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2025 DAILYLAW 8761 (CHH)

RAMSINGH v. STATE OF CHHATTISGARH

MCRC/1250/2025 · 2025-03-10

body2025

Judgment text

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1 2025:CGHC:11883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1250 of 2025 Ramsingh S/o Tulsiram Aged About 22 Years R/o Ward No. 09, Tundra, P.S. Gidhouri, District Balodabazar Bhatapara Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gidhouri Tundra, District Balodabazar Bhatapara Chhattisgarh. ... Respondent For Applicant : Shri Pawan Kumar Kashyap, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.11 18:57:54 +0530 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 23/2025 registered at Police Station Gidhouri-Tundra, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 24/01/2025, the Police has received secret information by the informant that the unknown person has kept illegal liquor to sell. On that information, the police reached at the place of incident and seized 205 bulk litres of country made liquor from the possession of the present applicant and the aforesaid case has been registered. 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. He also submits that the applicant has no criminal antecedents and he is in jail since 24/01/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has no criminal antecedents but 205 bulk litres of country made liquor has been seized from the possession of the applicant. As such, he is not entitled for grant of 3 bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the applicant is having no criminal antecedents and the charge-sheet has been filed, but the huge quantity of liquor that has been seized from the possession of the applicant is 205 bulk liters of liquor, therefore, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Ramsingh involved in Crime No. 23/2025 registered at Police Station Gidhouri-Tundra, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri