1 2025:CGHC:28766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3839 of 2025 Arjun @ Aman Dewangan S/o Jairam Dewangan, Aged About 26 Years, R/o Durga Chowk, Rawanbhata, P.S. Khamtarai, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District Raipur (C.G.) ... Respondent For Applicant : Mr. Rekhraj Baghel, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 95/2025 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that Police has received information through informant that during patrolling on the date of incident, three unknown persons have kept illegal liquor in his VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.30 18:27:01 +0530 2 possession to sale, and police has seized 17.280 bulk liters of country made liquor from the place of incident at open place and applicant did not produce any document of seized liquor and hence, police has registered a case for offence punishable under Section 32(2) of Chhattisgarh Excise Act against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and total 17.280 bulk liters of country made liquor has been recovered from the possession of the present applicant. He further submitted that the present applicant is in jail since 09.02.2025. Further, the charge-sheet has been filed and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the present applicant has 17 criminal antecedents, out of which 02 cases are under the Excise Act, 15 cases are of criminal nature, which shows that the present applicant is a habitual offender. As such, the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, further the fact that the applicant is having 17 criminal antecedents, out of which 02 cases are under the Excise Act, and 15 cases are under the preventive measures, which shows that the present applicant is 3 a habitual offender 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Arjun @ Aman Dewangan involved in Crime No.95/2025 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.), for the offence punishable under Section 34(2) 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 Vaibhav