Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 8994 (CHH)

KOKH SINGH SIDAR v. STATE OF CHHATTISGARH

MCRC/1461/2025 · 2025-02-20

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:8941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1461 of 2025 1. Kokh Singh Sidar S/o Amar Singh Aged About 25 Years R/o Village Akharabhatha Tukda, P.S. Basna, District Mahasamund, Chhattisgarh. 2. Ganesh Barik S/o Pitambar Barik Aged About 29 Years R/o Village Akharabhatha Tukda, P.S. Basna, District Mahasamund, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Basna, District Mahasamund, Chhattisgarh. ...Non-Applicant For Applicants : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2025 1. The applicants have 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 PREETI KUMARI Digitally signed by PREETI KUMARI 2 No.39/2025, registered at Police Station- Basna, Civil and Revenue 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 250 bulk liters of 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 applicants submits that the applicants have been falsely implicated in this case. He further submits that there is no exclusive possession of the seizure of country made liquor and seizure from said open place. 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 applicants have no criminal antecedent and they are in jail since 20.01.2025 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, and the applicants have no previous criminal antecedent however, the quantity of liquor seized from the possession of the applicant i.e. 250 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. 3 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 250 bulk liters of country made liquor was seized from the 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 applicant Nos. 1 and 2- Kokh Singh Sidar and Ganesh Barik involved in Crime No.39/2025, registered at Police Station- Basna, Civil and Revenue 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. . Preeti