1 2025:CGHC:13372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1634 of 2025 Murit Ram S/o Bahiya Kodaku Aged About 50 Years R/o Toresingha, Police Station And Tehsil- Bramkela, Distt.- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station- Excise Circle Bramkela, Distt.- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Non-applicant : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 96/2024, registered at Police Station Excise Circle, Bramkela District – Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 34(1) (क) 34(2) and 59(क) of the C.G. Excise Act. 2 2. The case of the prosecution, in brief is that the excise circle Baramkela seized 15 liter hand police of Police Station made liquor from the possession of applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He further submits that the applicant is having 08 previous criminal antecedents of similar nature out of which 3 cases are disposed of and remaining 5 cases are still pending. He also submits that applicant has been in jail since 24.01.2025 and 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 State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He submits that the present applicant has 08 criminal antecedents of the similar nature, which shows that the present applicant is a habitual offender. As such, 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 facts and circumstances of the case also considering the fact that the applicant has 08 criminal antecedents of the similar 3 nature, shows that the present applicant is a habitual offender and also in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Murit Ram, involved in Crime No. 96/2024, registered at Police Station Excise Circle, Bramkela District – Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 34(1) (क) 34(2) and 59(क) of the C.G. Excise Act., is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.22 10:39:02 +0530