1 2025:CGHC:16469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2781 of 2025 Shivkumar Saruta S/o Late Amar Singh Aged About 34 Years R/o Village - Kurludih, Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Excise Divisional Flying Squad Surguja Di- vision Surguja, Ambikapur, District Surguja Chhattisgarh. ... Non-applicant For Applicant : Mr. Navneet Kumar Yadav, Advocate For Non-Applicant/State : Ms. Shubha, Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 176/2025, registered at Excise Divisional Flying Squad Surguja, Division Surguja, Ambikapur, District Surguja, (C.G) for the offence punishable under Section 34(1)(A), 34(2), 36 and 59-A of the Chhattisgarh Excise Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The prosecution story in brief, is that, as per the secret information received from the informant, on the basis of such information, the Excise Divisional Flying Squad Surguja conducted raid and have seized 45 bulk liters liquor from the possession of the present appli- cant. Thereafter, the crime has been registered against the appli- cant. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that the charge-sheet has already been filed before the competent Court. He submits that the present applicant has only 01 previous criminal antecedent under the Excise Act, in which, he has already been acquitted. He further submits that he has been roped in the offence due to enmity, and the applicant is in jail since 08.03.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. She also pointed out that the present applicant has 04 criminal antecedents, out of which, 03 cases are under the Excise Act, which shows that the present applicant is a habitual offender. As such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case also considering the fact that the charge-sheet has been filed before the 3 competent Court which is taken on record and learned State counsel has pointed out that the present applicant has 04 criminal antecedents, out of which, 03 cases are under the Excise Act, 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 – Shivkumar Saruta, involved in Crime No. 176/2025, registered at Excise Divisional Flying Squad Surguja, Division Surguja, Ambikapur, District Surguja, (C.G) for the offence punishable under Section 34(1)(A), 34(2), 36 and 59-A 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 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