NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 898 of 2024 Tijram Yadav @ Gondu S/o Shri Buddhu Yadav aged about 40 years R/o Moharpara Nirtu, Police Station Koni, and District - Bilaspur, Chhattisgarh.

(Wrongly Mentioned As Bhondu)

---- Applicant Versus State of Chhattisgarh Through - Station House Officer Police Station Koni, District - Bilaspur, Chhattisgarh.

---- Non-Applicant (Cause Title taken from Case Information System)

For Applicant : Mr. Kripesh G. Kela, Advocate.

For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

13/02/2024

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 560/2023 registered at Police Station Koni, District Bilaspur (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act.

2. Case of the prosecution, in brief, is that on 26.11.2023 a secret information received by the Police Station Koni that applicant has kept illicit liquor in his Tea shop situated in Village Nirtu and on the basis of said information, raid was conducted and recovered total 42 bulk liter mahua liquor from the possession of present applicant. Thereafter, Police registered offence against applicant and the investigation is being made by the Police of Police Station Koni, District – Bilaspur (C.G.).

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 42 bulk liters of the mahua liquor was not seized from the exclusive possession of the applicant. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is further submitted by the learned counsel for the applicant that the applicant has two criminal antecedents, one is at Crime No. 344 of 2017 registered under Section 13 of the Public Gambling Act, 1867 which has been disposed on 06.04.2018 in Criminal Case No. 3764 of 2017 and the applicant has been acquitted and one is at Crime No. 297 of 2023 registered under Section 294, 323, 506, 147 of IPC which is pending before the Judicial Magistrate First Class Bilaspur vide Criminal Case No. 10103/2023, the applicant is in jail since 26.11.2023 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has three criminal antecedents one is at Crime No. 344 of 2017 registered under Section 13 of the Public Gambling Act, 1867 which has been disposed on 06.04.2018 in Criminal Case No. 3764 of 2017 and the applicant has been acquitted and one is at Crime No. 297 of 2023 registered under Section 294, 323, 506, 147 of IPC which is pending before the Judicial Magistrate First Class Bilaspur vide Criminal Case No. 10103/2023 and one is of 36(c) which has been disposed off. He further submits that the 42 bulk liters of the mahua liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has three criminal antecedents one is at Crime No. 344 of 2017 registered under Section 13 of the Public Gambling Act, 1867 which has been disposed on 06.04.2018 in Criminal Case No. 3764 of 2017 and the applicant has been acquitted and one is at Crime No. 297 of 2023 registered under Section 294, 323, 506, 147 of IPC which is pending before the Judicial Magistrate First Class Bilaspur vide Criminal Case No. 10103/2023 and one is of 36(c) which has