PHAGULAL THURIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 54/2025 registered at Police Chouki - Kanakbira, Police Station- Sarangarh, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Ss. 34(2) and 59(A) of the Chhattisgarh Excise Act.

(2.) Case of the prosecution, in brief, is that the Police has received a secret information and on the basis of said information the Police has conducted a raid and have seized total 20 bulk liters illicit liquor from the possession of the present applicant, therefore, the Police has registered the crime against the applicant.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has five previous criminal antecedents under the Excise Act registered in FIR No. 180/2021, 231/2021, 351/2022, 143/2023, 370/2023 and all cases are disposed of, the copies of disposal of the criminal cases are being filed as Annexure A-2 of this bail application. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 1/2/2025. It is further argued by him that under Sec. 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.