1 2025:CGHC:19988 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3371 of 2025 Shyam Kumar Yadav @ Nangru S/o Late Shri Kanhaiyalal Yadav Aged About 26 Years R/o Village- Kurda, Police Station- Nagarda, District- Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Nagarda, District- Sakti (C.G.) ... Non-applicant For Applicant : Mr. Ramesh Kumar Nayak, Advocate For Non-Applicant/State : Mr. Bharat Gulbani, 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 B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 27/2025, registered at Police Station- Nagarda, District- Sakti, (C.G) for the offence punishable under Section 34(2) 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 ofÏcials conducted raid and have seized 05 bulk liters country RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 made liqour from one yellow colour plastic jerican bag and 02 liters country made liquor from one white colour plastic bottle, total 07 bulk liters of liqour 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, police has seized illicit liquor at open place. He further submits that the applicant is suffering from leaver deceased and treatment of the applicant was not properly done in jail. He further submits that the present applicant has 03 criminal antecedents. He also submits that the applicant is languishing in jail since 22.03.2025 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. He also pointed out that the present applicant has 03 criminal antecedents under the similar nature, out of which, 02 cases are pending, 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. 6. Considering the facts and circumstances of the case also considering the fact that learned State counsel has pointed out that 3 the present applicant has 03 criminal antecedents under the similar nature, out of which, 02 cases are pending, 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 – Shyam Kumar Yadav @ Nangru, involved in Crime No. 27/2025, registered at Police Station- Nagarda, District- Sakti, (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 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