1 2025:CGHC:25403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3486 of 2025 Gita Bai Soni W/o Late Suklal Aged About 40 Years R/o Village- Mudabhatha, Daganiyakhar, Balgi, Tahsil Darri, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Excise Circle Darri Gevra, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Nitesh Shrivas, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as she has been arrested in connection with Crime No. 01/2025, registered at Police Station- Excise Circle Darri, Gevra, District- Korba, (C.G) for the offence punishable under Sections 34(1)(क)(च), 34(2) and 59 (क) of the Chhattisgarh Excise Act. 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 officials conducted raid and have seized 16 bulk liters Mahua RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 liquor and 40 liters Mahua Lahan, from the possession of the present applicant. 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 also submits that only on the basis of the suspicion she has been dragged in the present case. He further submits that the present applicant is aged about 40 years woman and she is only bread earner of her family. He also submits that the applicant is languishing in jail since 01.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 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 pointed out that the present applicant has 02 criminal antecedents under the similar nature which are pending, which shows that the present applicant is a habitual offender. As such, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case also considering the fact that learned State counsel has pointed out that the present applicant has 02 criminal antecedents under the similar nature which are pending, shows that the present applicant is a 3 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 – Gita Bai Soni, involved in Crime No. 01/2025, registered at Police Station- Excise Circle Darri, Gevra, District- Korba, (C.G) for the offence punishable under Sections 34(1)(क)(च), 34(2) and 59 (क) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Rahul Dewangan