1 2025:CGHC:18124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3057 of 2025 • Yogesh Meena S/o Dharamsingh Meena Aged About 26 Years R/o Village Manora, P.S. Harangaon, Tahsil Khategaon, District Dewas Madhya Pradesh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Berla, District Bemetara Chhattisgarh ... Non-applicant For Applicant : Mr. Sudhir Verma, Advocate For State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 29/2025 registered at Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 17:16:41 +0530 2 Berla, PS – Berla, District Bemetara (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act. 3. Case of the prosecution, in brief, is that as per prosecution has seized from Aayser truck model information of Mukhbir the 3118 No. C.G. 04/PU/9647, 446 pety goa whiskey, 50-50 quarter total 22,300 quarter and 50-50 Thus Goa quarter 22,300+500= total 500 quarter. 22,800 quarter English Whiskey has been seized in 05 white plastic bag total 4104 litre. And also arrested the applicant with one co-accused Anil Verma. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 22.800 bulk liters Goa Whiskey was not seized from the exclusive possession of the applicant. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 06.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court and the applicant has no criminal antecedents. He further submits that the 22.800 bulk liters liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the fact that the charge-sheet has been filed before the competent Court and on 14.03.2024 this Court has granted time to the learned counsel for the applicant to explain the criminal antecedents which was pending against him as there were total three cases, out of which two cases are of the year 2020 under the Excise Act and one is under the Gambling Act and on the said date it also transpires that on the earlier occasions the applicant’s counsel was not present and it appears that the counsel for the applicant is not interested in pursing the bail application, but after having gone thorough the materials available on records and the allegation levelled against the present applicant and the recovery made, further taking into account that the applicant is a habitual offender further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 12 liters of kachchi Mahua liquor and also in light of the judgment rendered by the 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 is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Yogesh Meena, involved in Crime No. 29/2025 registered at Police Station Berla, District – Bemetara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 4 8. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible preferably within a period of six months from today, if there is no legal impediment. 9. Office 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 vaishali