MAMTA NIRMAL DHAMGAYE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No. 58/2025 registered at Police Station Mohan Nagar, District Durg (C.G.), for the offence punishable under Ss. 34(2) of the C.G. Excise Act.

(2.) Case of the prosecution, in brief, is that the police has received information through informant that on the date of incident, the unknown persons have kept illegal liquor in their vehicle to sale, and police has seized 729 bulk liters country made liquor from incident place which is situated courtyard of applicant at open place and applicant did not produce any document of seized liquor and hence police has registered a case for offence punishable under Sec. 34(2) of C.G. Excise Act against the applicant.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 729 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. It has vehemently been argued on behalf of the applicant that the vehicle in question, in which, liquor was seized, was driver by the co-accused, namely, Lakhan Baisa and the applicant belongs to the State of Maharashtra. Though the son of the applicant, in whose name the FIR has been lodged, is still absconding, but there is no role of the present applicant in the instant crime. It has also been argued that all in all 09 cases were registered against the applicant, but out of which, in 06 cases registered under the Sec. 65 E in the State of Maharashtra, the applicant has been acquitted. The applicant, being a lady, is in jail since 13/2/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.