1 2025:CGHC:39984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4783 of 2025 Bharat Lal Dewangan S/o Dev Charan Dewangan Aged About 55 Years House No. 121, Ward 16, Kohadiya Thana - Korba, Tahsil - Korba, Dist - Korba Chhattisgarh (Bharat Lal Dewangan Is Correctly Mentioned) ... Applicant versus State of Chhattisgarh Through Police Assistance Center By CSEB Korba, District Korba Chhattisgarh ... Non-Applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.08.2025 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.261/2025, registered at Police Station - Police Assistance Center by CSEB Korba, District - Korba Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 03.05.2025, the Police Sahayata Kendra, CSEB, Korba, seized 30 quarters (180 ml bottles) of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.11 17:12:59 +0530 2 country-made plain liquor, totaling 5400 ml and valued at approximately Rs. 2,400/-, from the possession of the accused in the presence of witnesses. Upon being served notice to produce valid documents, the accused admitted he had none. Consequently, a case under Section 34(2) of the Chhattisgarh Excise Act, 1915, was registered against him, and he was arrested the same day. The case diary confirms the seizure of 5400 ml of country-made liquor from the accused. The protest report from the police station also states that the accused was previously involved in a case under Section 36(f) of the Excise Act in 2017. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant contends that the allegations made against him are false and motivated by personal enmity. He further submits the applicant has three previous criminal antecedents, all cases are pending, further the charge-sheet has been filed and he is in jail since 03.05.2025 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. She further submits that the applicant is having three previous criminal antecedents under the Excise Act, which are pending, 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 the applicant is having three previous criminal antecedents under the Excise Act which shows that he is a habitual offender, and that the quantity of liquor i.e. total 5400 ml of country-made liquor has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble Court 3 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. 7. Accordingly, the bail application of applicant – Bharat Lal Dewangan involved in Crime No.261/2025, registered at Police Station - Police Assistance Center by CSEB Korba, District – Korba, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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