1 2025:CGHC:22314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4028 of 2025 1 - Hemant Dansena S/o Puranlal Dansena Aged About 27 Years R/o Village Bhalunara, P.S. Tah. Kharsia Distt. Raigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Kharsia, District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For State : Mr. Sangharsh Pandey, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/05/2025 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. 256/2025 registered at Police Station Kharsia, District Raigarh (C.G.), for the offence punishable under Section 34(2), 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the Police of Police Station, Kharsiya, District Raigarh (C.G.) has received secret information by the informant and conduct a raid and seized 6.3 bulk liters country made liquor from the illegal possession of the applicant and thereafter, the Police has registered a case for the offence punishable VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.23 10:54:46 +0530 2 under Section 34(2) and 59(A) of the Chhattisgarh Excise Act against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 03.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court. He further submits that the applicant is having 03 criminal antecedent under the Excise Act and he is a habitual offender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties. 6. Considering the fact that the charge-sheet has not been filed before the competent Court and the present applicant has 02 criminal antecedent under the Excise Act and he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 50 bulk liters country made liquor and also in light of the 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 is not a fit case to enlarge the applicant on regular bail. 3 Accordingly, the bail application of the applicant-Hemant Dansena filed under Section 439 of the Cr.P.C., involved in Crime No. 256/2025 registered at Police Station Kharsiya, District-Raigharh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected. 7. Considering the fact that if the charge-sheet is submitted against the applicant, the trial Court shall conclude the trial as early as possible preferably within a period of six months from the date of filing of the charge-sheet in accordance with law, if there is no any legal impediment. 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 vaishali