1 2025:CGHC:22166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3953 of 2025 1 - Mahaveer Gond S/o Jagat Gond Aged About 40 Years R/o Sabariya Dera Balauda, Police Station Gidhouri, District Balodabazar-Bhatapara (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Of Police Station Gidhouri, District Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Ramsajiwan, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha , Chief Justice ORDER ON BOARD 20.05.2025 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. 41/2025, registered at Police Station – Gidhouri, District – Balodabazar - Bhatapara (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 in the house of the applicant and have seized 50 liters of country made liquor (Mahua) from the possession SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 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. He further submits that the applicant is having 02 criminal antecedents of which, both cases are under the Excise Act which are still pending. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 20.04.2025 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 submits that the present applicant has 02 criminal antecedents by which, both cases are under the Excise Act, 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 the applicant has 02 criminal antecedents by which both cases are under the Excise Act, shows that the present applicant is a habitual offender and also in light of the 3 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 – Mahaveer Gond, involved in Crime No. 41/2025, registered at Police Station - Gidhouri, District – Balodabazar - Bhatapara (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 Dey