1 2025:CGHC:12907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2146 of 2025 Pardeshi Dewangan S/o Shri Lagan Dewangan Aged About 46 Years R/o Village- Rampur, Chowki- Giraudhpuri, Thana- Gidhouri, District : Balodabazar- Bhathapara, Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through The Station House OfÏcer, Police Outpost- Giraudhpuri, P.S.- Gidhouri, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-Applicant For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.269/2024, registered at Police Outpost- Giraudhpuri, P.S.- Gidhouri, District : Balodabazar- Bhathapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 24.11.2024 the OfÏcers of Police Outpost- Giraudhpuri, P.S.- Gidhouri, District : Balodabazar-Bhathapara PREETI KUMARI Digitally signed by PREETI KUMARI 2 (C.G.) have received the secret information from the informant with the averment that the applicant has kept the liquor near his house for selling purpose, so police has made the search and alleged to be seized 14.00 bulk liters country made Mahua liquor which was kept in plastic bag and arrested the present applicant on the basis of doubt. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant having no concern with the liquor, even there is no evidence in the record to establish the fact that the applicant is in possession of the said liquor which was seized from the open place. He further submits that the applicant is having three previous criminal antecedents under the Excise Act, out of which in one case he has been acquitted and two cases are still pending, further the charge-sheet has been filed and he is in jail since 24.11.2024 and trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. She further submits that total 14.00 bulk liters country made Mahua liquor has been seized from the possession of the applicant. She further submits that the applicant is having three previous criminal antecedents under the Excise Act, out of which in one case he has been acquitted and two cases are still pending, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that applicant is having three previous criminal antecedents under the Excise Act, out of which in one case he has been acquitted and two cases are still pending which shows 3 that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 14.00 bulk liters country made Mahua liquor has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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. 7. Accordingly, the bail application of applicant – Pardeshi Dewangan involved in Crime No.269/2024, registered at Police Outpost- Giraudhpuri, P.S.- Gidhouri, District : Balodabazar-Bhathapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- ((Ramesh Sinha) Chief Justice Preeti