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2025 DAILYLAW 9969 (CHH)

SHIVKUMAR DHANUHAR v. STATE OF CHHATTISGARH

MCRC/1494/2025 · 2025-03-19

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Judgment text

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1 2025:CGHC:13165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1494 of 2025 Shivkumar Dhanuhar S/o Deepak Dhanuhar Aged About 21 Years R/o Village Dhaura Kona, P.S. Sipat District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Sipat, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravi Kumar Banjare, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 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.94/2025, registered at Police Station- Sipat, District- Bilaspur (C.G.) for the offence punishable under Sections 34(2), 34(1)(F) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 09.02.2025, as per secret information received from the informant, the Police of Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sipat, District- Bilaspur (C.G.) seized 195 bulk liter of handmade liquor from the possession of applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently he has been arrested. Hence, the bail application. 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, further the applicant has no criminal antecedent and he is in jail since 09.02.2025, 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, but the quantity of liquor seized from the possession of the applicant i.e. 195 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, but the huge quantity of liquor, totaling 195 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. 3 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 Shivkumar Dhanuhar, involved in Crime No.94/2025, registered at Police Station- Sipat, District- Bilaspur (C.G.) for the offence punishable under Sections 34(2), 34(1)(F) 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. Sd/- (Ramesh Sinha) Chief Justice Akhil