1 2025:CGHC:19994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3360 of 2025 Ramesh Bhardwaj S/o Fekulal Aged About 30 Years R/o Village Khamhariya, Thana Hardibazar, District Korba Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Police Station Hardibazar, District Korba Chhattisgarh ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2025 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.26/2025, registered at Police Station - Hardibazar, District Korba (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and Section 111(2)(B) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief, is that on 01.03.2025 as per secret information received from informant police made search of applicant and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.02 18:00:18 +0530 2 seized 15 liters Kachchi Mahua Liquor from possession of applicant. Thereafter, police arrested the applicant on 16.11.2024. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant is having four previous criminal antecedents under the Excise Act , out of which one case is disposed of, further the charge-sheet has been filed and he is in jail since 01.03.2025 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 15 liters Kachchi Mahua Liquor has been seized from the possession of the applicant. She further submits that the applicant is having four previous criminal antecedents under the Excise Act, 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 four previous criminal antecedents under the Excise Act which shows 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 15 liters Kachchi 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. 3 7. Accordingly, the bail application of applicant – Ramesh Bhardwaj involved in Crime No.26/2025, registered at Police Station - Hardibazar, District Korba (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and Section 111(2)(B) of Bharatiya Nyaya Sanhita, 2023, 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