JITENDRA SINGH GANDHI @ VIKKI v. STATE OF CHHATTISGARH
MCRC/1425/2025 · 2025-03-11
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9646 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9646 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12082
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1425 of 2025 Jitendra Singh Gandhi @ Vikki S/o Harvansh Singh Aged About 44 Years R/o E H-32, Manikpur, Chowki Manikpur, Tahsil Korba, District Korba, Chhattisgarh.
... Applicant(s) versus State Of Chhattisgarh Through Police Station Urga, District Korba, Chhattisgarh.
... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 11.03.2025
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.525/2023, registered at Police Station-Urga, District Korba, (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.11 17:10:32 +0530
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2. The prosecution story in brief, is that, on 02.09.2023, as per secret information from the informant, the Police conducted search of the house of the applicant and have seized 34,56 liter of foreign liquor fine premium whisky and 172.800 foreign liquor super jipsy fine whisky liquor from the possession of the applicant and thereafter, the police arrested the applicant for the aforesaid offence.
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 is having only one pervious criminal antecedent of the Excise Act pending against him and he is in jail since 05.12.2024 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 liquor seized from the possession of the applicant is total 206 liters of foreign 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
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7. Accordingly, the bail application of the applicant namely Jitendra Singh Gandhi @ Vikki, involved in Crime No.525/2023, registered at Police Station-Urga, District Korba, (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
Manpreet