NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5299 of 2024  Nandkishor S/o Jaylal Aged About 26 Years R/o Village Pandadah Thana And Tahsil- Khairagarh Distt- Khairagarh- Chhuikhadan- Gandai ( C.G.).

---- Applicant Versus  The State of Chhattisgarh Through- Aaraksi Kendra- Gatapar Distt-

Khairagarh- Chhuikhadan- Gandai ( C.G.).

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

For Applicant : Mr. Sumit Shrivastava, Advocate.

For Non-Applicant : Mr. Ranbir Singh Marhas, Additional Advocate General.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

26.07 . 2024

1. This is the irst bail application iled under Section 483 of Bharatiya Nagarik Shuraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 12/2024 registered at Police Station- Aaraksi Kendra-Gatapar, District – Khairagarh- Chhuikhadan- Gandai (C.G.), for the ofence punishable under Sections 34(2), 36, 49(A), 59 A(1)(2) and 34(1) of the Chhattisgarh Excise Act and Section 420, 465, 468, 471/34 of Indian Penal Code.

2. Case of the prosecution, in brief, is that on 03.04.2024 a secret information was received by concerned Police about illicit liquor that in village mudhipar in Nanhu Sinha’s house some people are making country liquor and packaging it in the government liquor shops empty bottles also imprinting holograms on it to make it look genuine so the Police made the search of Nanhu Sinha’s house and found 5 persons including one minor, allegedly seized illicit liquor total 225 liters from the house and on the basis of it arrested the applicants and others on 04.04.2024. Investigation is already completed and charge-sheet has been iled.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that so far as the criminal antecedents of the applicant is concerned, he has seven previous criminal antecedents, out of which, ive cases are registered under the Excise Act, in which, he has already been acquitted in two of cases under Section 34(a) and 34(2) and other three cases have already been disposed of. Further, two cases are registered under the Gambling Act which are also disposed of. Later, he submits that one co-accused, namely, Ghanshyam Singh Rajput have already been granted bail in MCRC No.4796 of 2024 vide order dated 11.07.2024. He lastly argued that the applicant is languishing in jail since 04.04.2024, though the charge-sheet has been iled, the conclusion of trial may take some time, hence, he prays for grant of regular bail to the applicant.

4. Learned counsel for the State/non-applicant opposes the bail application of the applicant and submits that the contraband article seized from the applicant along with other co-accused persons is 225 litres of illicit liquor, which is much above the commercial quantity. Later, the applicant has seven previous criminal antecedents, which itself shows that the applicant is a habitual ofender, thus, though the charge-sheet has been iled, the bail application of the applicant is liable to be dismissed.

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 one co-accused, namely, Ghanshyam Singh Rajput have already been granted bail by this Court in MCRC No.4796 of 2024 vide order dated 11.07.2024 and further the previous cases registered against the applicant have already been disposed of, he is languishing in jail since 04.04.2024, though the charge-sheet has been iled, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the applicant- Nandkishor, involved in Crime No. 12/2024 registered at Police Station- Aaraksi Kendra-Gatapar, District – Khairagarh- Chhuikhadan- Gandai (C.G.), for the ofence punish