1 2025:CGHC:22136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3897 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.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Gandai, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.21 18:36:08 +0530 2 No. 204/2024 registered at Police Station Gandai, District Khairagarh Chuikhadan - Gandai (C.G.) for the offence punishable under Sections 34(1)(b), 34(2), 35, 59(A), 49(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2), 238 of the Bhartiya Nyay Sanhita 2023. 2. Case of the prosecution, in brief, is that on 06.09.2024 the Police of Police Station Gandai, District Khairagarh-Chuikhadan-Gandai at the time of patrolling, received secret information from the informant that the co-accused Mirza Varish Beg has possessed liquor in his house and present applicant and other co-accused Samir Khan used to supply in their motorcycle and thereafter raided and seized 33 quarter of country made liquor from the possession of co-accused Samir Khan and motorcycle seized from the instance of applicant. It was further alleged that they were operating a liquor factory and they were earning money by selling the said illegal liquor. During the further investigation the police has seized different articles used for manufacturing illegal liquor and that has been seized from other co-accused persons. Thereafter offence u/s 34(1)(b), 34(2), 35, 59(A), 49(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2), 238 of the Bhartiya Nyay Sanhita 2023 registered against the applicant and other co-accused persons. 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 3 that prima facie the applicant has not committed any crime and as per the property seizure memo one motorcycle CG 25-G-7657 seized from the instance of applicant on 06.09.2024. He would further submit that co-accused persons namely Mirza Iqbal @ Rinku in MCRC No. 8357 of 2024 and Mirza Waris Beg and Sameer Khan in MCRC No. 8373 of 2024 have been granted regular bail by this court on 02/12/2024 and also co-accused namely Narsingh @ Kejri Verma has been granted regular bail in MCRC No.240/2025 on 29/01/2025. He also submits that the applicant is in jail since 06/09/2024 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. 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 4 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. 7. Accordingly, the bail application of the applicant-Sukhuram Janghel @ Sukhu @ Chhotelal, involved in Crime No. 204/2024 registered at Police Station Gandai, District Khairagarh Chuikhadan - Gandai (C.G.) for the offence punishable under Sections 34(1)(b), 34(2), 35, 59(A), 49(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2), 238 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