1 2025:CGHC:22137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3894 of 2025 Sukhuram Janghel @ Sukhu @ Chhotelal S/o Shatruhan Janghel Aged About 24 Years R/o Khaira, Navapara, Police Station Chuikhadan, District - Khairagarh - Chuikhadan- Gandai (C.G.) (As Per Final Report) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Chuikhadan, District - Khairagarh - Chuikhadan - Gandai (C.G.) ... Respondent For Applicant : Shri Abhishek Sharma, Advocate. For Respondent/State : Ms. Pragya Shrivastava, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 267/2024 registered at Police Station Chuikhadan, District - GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.21 18:47:51 +0530 2 Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 34(1)(b), 35, 59(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyay Sanhita 2023 (As per final report). 2. Case of the prosecution, in brief, is that on 06.09.2024 the Station House Officer, Police Station Chuikhadan received information from the informant that the co-accused Jeevan Tandan was selling illegal liquor near Banyan tree at village Vicharpur, thereafter raided and seized 3.060 bulk liter of country made liquor. The police party found that there is no label and hologram was present on the seized liquor after that offence u/s 34(1)(b) of Excise has been registered against the co- accused Jeevan Tandan during further investigation i.e. on 07.09.2024 seized liquor was tested by excise circle Chuikhadan and it was found that liquor is counterfeit thereafter again co-accused Jeevan Tandan was interrogated and on his memorandum statement he disclosed that he has purchased the seized liquor from co-accused Vinod Soni and present applicant works as a supplier. During further enquiry police came to know that Vinod Soni and other accused persons are already in jail in Crime No. 204/2024, P.S. Gandai, thereafter applicant and other accused persons were arrayed as accused in the present crime number. It is further allegation that all accused persons are involved in manufacturing and selling counterfeit liquor and already Police Station Gandai has seized certain articles which is used for manufacturing counterfeit liquor thereafter charge sheet filed u/s 34(1)(b), 35, 59(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyay Sanhita 2023. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would submit that the main allegation against the applicant is that he helped the main accused Mirza Varish Beg in transporting liquor but there is no material to connect the applicant in the present crime, except the motorcycle. He would submit that prima facie the applicant has not committed any crime and as per the property seizure memo in Crime No. 204/2024 P.S. Gandai one motorcycle CG 25-G-7657 seized from the instance of applicant on 06.09.2024 and there is no seizure in the present crime number from the instance of present applicant. He would further submit that the main accused person namely Narsingh @ Kejriwal Verma has already been granted bail in M.Cr.C. No. 296/2025 on 29/01/2025 and co-accused persons namely Jaikaran Gurupanch and Vinod Soni have been granted bail by this court in M.Cr.C. No. 9029/2024 on 02/01/2025. He also submits that the applicant is in jail since 24/10/2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is having 03 criminal antecedents under the Excise Act including the present case, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the fact that the charge-sheet has been filed before the competent Court and applicant is having 03 criminal antecedents under the Excise Act including the present case, as such, he is a habitual offender, case of the applicant is distinguishable from the case of other co-accused persons 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Sukhuram Janghel @ Sukhu @ Chhotelal, involved in Crime No. 267/2024 registered at Police Station Chuikhadan, District -Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 34(1)(b), 35, 59(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyay Sanhita 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri