Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10304
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1683 of 2025 Awadhram Yadav S/o Pardeshi Ram Yadav Aged About 29 Years R/o Village- Dhaura Kona, P.S. Sipat, District - Bilaspur (C.G.)
... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Sipat, District - Bilaspur (C.G.)
... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 03.03.2025
1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.96/2025, registered at Police Station- Sipat, District Bilaspur (C.G.) for the offence punishable under Sections 34(2) and 34(1)(F) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, on 09.02.2025, the Police of Police Station Sipat, District Bilaspur (C.G.) has been seized total 225 bulk liters handmade liquor from the possession of applicant, hence this bail application. PREETI KUMARI Digitally signed by PREETI KUMARI
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3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. 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 one criminal antecedent and he is in jail since 09.02.2025 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 not been filed before the competent Court and the applicant has one previous criminal antecedent however, the quantity of liquor seized from the possession of the applicant i.e. 225 bulk liters of handmade 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 not been filed before the competent Court and a huge quantity of liquor, i.e. 225 bulk liters of handmade liquor was 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 applicant on bail.
7. Accordingly, the bail application of the applicant, namely, Awadhram Yadav involved in Crime No.96/2025, registered at Police Station- Sipat, District Bilaspur (C.G.) for the offence punishable under Sections 34(2) and 34(1)(F) of the Chhattisgarh Excise Act, is rejected at this stage.
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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
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. Preeti