1 2025:CGHC:32057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3489 of 2025 Dharmendra Sonwani S/o Ramkumar Sonwani Aged About 19 Years R/o Ghot, P.S. Gobra Nawapara, District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gobra Nawapara, District Raipur Chhattisgarh. ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 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. 82/2025, registered at Police Station- Gobra Nawapara, District Raipur, (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 officials conducted raid and have seized 7.740 bulk liters RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 country made liquor 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 false seizure memo has been prepared by the police in order to rope the applicant in a false criminal case. He further submits that the present applicant has 06 criminal antecedents, out of which he has already been acquitted in two cases. He also submits that the applicant is languishing in jail since 13.03.2025 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. She further submits that the present applicant has 06 criminal antecedents under the similar nature, out of which 04 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 the present applicant has 06 criminal antecedents under the similar 3 nature out of which 04 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 – Dharmendra Sonwani, involved in Crime No. 82/2025, registered at Police Station- Gobra Nawapara, District Raipur, (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. 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