1 2025:CGHC:23583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4359 of 2025 Ravishankar Devdas S/o Santosh Kumar Devdas Aged About 40 Years Resident Of Village Datrengi, Police Station Bhatapara (Gramin), District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Of Police Station Bhatapara (Gramin), District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Ramsajiwan, Advocate. For Non-applicant/State : Mr. Shubham Bajpayee, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.209/2025, registered at Police Station Bhatapara (Gramin) 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 on 28.03.2025, the concerned Police have received a secret information from the informant during patrolling that the present applicant has kept some liquor in his Bari for selling purposes, on the basis of said information the Police conducted KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 raid and have seized 6.300 bulk liters of illicit liquor from the possession of the present applicant. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has three criminal antecedents of similar nature out of which one case has been disposed of and two cases are still pending and in the present case, charge-sheet has been filed before the competent Court. He further submit that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 29.03.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 6.300 bulk liters of illicit liquor. He further submits that the applicant has three criminal antecedents of similar nature out of which one case has been disposed of and two cases are still pending, which has been explained by the counsel for the applicant in para No.4(a) of the bail application, as such he is a habitual offender. Hence, 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 fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present 3 case charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 6.300 bulk liters of liquor, so far as the criminal antecedents of the applicant is concerned, the applicant has three criminal antecedents of similar nature out of which one case has been disposed off and two cases are still pending, which has been explained by the counsel for the applicant in para No.4(a) of the bail application and as such, it appears that the present applicant is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court 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. Accordingly, the bail application of applicant – Ravishankar Devdas, involved in Crime No.209/2025, registered at Police Station Bhatapara (Gramin) District-Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. 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 Kunal