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2025 DAILYLAW 8988 (CHH)

RAJKUMAR v. STATE OF CHHATTISGARH

MCRC/1437/2025 · 2025-02-20

body2025

Judgment text

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1 2025:CGHC:8923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1437 of 2025 Rajkumar S/o Shri Vishwanath Prasad Aged About 31 Years R/o Village Aajan, Police Station Madanpur, District Aurangabad (Bihar) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Excise Circle, Bagbahra, District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Anuj Pandey, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2025 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.105/2025, registered at Police Station- Excise Circle, Bagbahra District-Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, as per secret information receive from the informant, on the basis of said information the Police conducted raid and have seized 141.200 bulk liters of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 country made liquor from the possession of the applicant. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The false seizure memo has been prepared by the police of Excise Circle, Mahasamund to rope the present applicant in the present case. He also submits that for 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 22.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. 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 applicant has no previous criminal antecedent however, the quantity of liquor seized from the possession of the applicant i.e. 141.200 bulk liters of country 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 charge-sheet has been filed before the competent Court and a huge quantity of liquor, i.e. 141.200 bulk liters of country made liquor was seized from the possession of the applicant without any valid licence and no plausible explanation has 3 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 applicant on bail. 7. Accordingly, the bail application of the applicant namely Rajkumar involved in Crime No.105/2025, registered at Police Station- Excise Circle, Bagbahra District-Mahasamund (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