1 2025:CGHC:13701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2266 of 2025 Deepak Banjare @ Jojo S/o Maniram Banjare Aged About 38 Years R/o Village Khapridih Police Station Suhela District - Balodabazar (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Hathband District - Balodabazar (C.G.) ... Non-applicant For Applicant : Mr. Devesh Chandra Verma, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 193/2024, registered at Police Station- Hathband District - Balodabazar, (C.G) for the offence punishable under Sections 34(2), 59(A) and 36 of the Chhattisgarh Excise Act and Section 111 of the Bhartiya Nyay Sanhita, 2023. 2. The prosecution story in brief, is that, as per the secret information received from the informant, on the basis of such information, the police ofÏcials conducted raid and have seized 532 numbers of cartoons of illegal liquor from the joint possession of the present RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 applicant and co-accused. Thereafter, the crime has been registered against the 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 present applicant has 08 criminal antecedents, out of which, two cases are under the IPC, 05 cases are under the Excise Act and 01 case is under the Gambling Act, in which he has explained in this bail application. He further submits that out of 09 co-accused persons, 04 co-accused have been granted bail by this Court in MCRC Nos. 7924/2024, 1321/2025 and 1928/2025 vide orders dated 03.01.2025, 17.02.2025 and 10.03.2025 respectively. He also submits that the applicant is languishing in jail since 20.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail on the ground of parity. 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. She also submits that the present applicant has 08 criminal antecedents, out of which 05 cases are under 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. 3 6. Considering the facts and circumstances of the case also considering the fact that though the out of 09 co-accused persons, 04 co-accused have been granted bail by this Court, but they have no criminal antecedents and the present applicant has 08 criminal antecedents, out of which, 05 cases are under the similar 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 – Deepak Banjare @ Jojo, involved in Crime No. 193/2024, registered at Police Station- Hathband District - Balodabazar, (C.G) for the offence punishable under Sections 34(2), 59(A) and 36 of the Chhattisgarh Excise Act and Section 111 of the Bhartiya Nyay Sanhita, 2023, 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 Rahul Dewangan