1 2025:CGHC:32037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4508 of 2025 • Pukku @ Jagdish Dhruv S/o Pardeshi Dhruv Aged About 40 Years R/o Dhuripara Mangla, Police Station- Civil Lines, Distt. Bilaspur (C.G.) As Per Charge Sheet --Applicant versus • State Of Chhattisgarh Through Station House Officer- Civil Lines, Dist. Bilaspur (C.G.) --- Respondent MCRC No. 4732 of 2025 • Pukku @ Jagdish Dhruv S/o Pardeshi Dhruv Aged About 40 Years R/o Dhuripara Mangla, Police Station - Civil Lines, District Bilaspur, (C.G.), As Per Charge Sheet ---Applicant Versus • State Of Chhattisgarh Through - Station House Officer - Civil Lines, District Bilaspur (C.G.) --- Respondent (Cause title is taken from Case Information System) For Applicants : Ms. M.Asha, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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. 300/2025 registered at Police Station -Civil Line, District - Bilaspur (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 prosecution story in short is that, on 16.03.2025 the Head Constable No. 429 Vikas Sengar was received secret information from the patrolling party regarding transportation of illicit liquor in a Scotty bearing registration no. CG-10-BW-4120 and on the basis of information a search was made and seized 11.160 Bulk Liter country made liquor from the possession of the applicant and registered crime under section 34 (2), 59(A) of C.G. Excise Act and charge sheet has been filed before the learned trial court. 3. Learned counsel for the applicant have been falsely implicated in this case and 11.160 bulk and 7.200 bulk liters of country made liquor were not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of 3 the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. She further submits that the applicant has 15 previous criminal antecedents in which five cases has been disposed of by the JMFC, Bilaspur (C.G.) in Criminal Case No. 1216/2017 (Crime No. 174/2017), Criminal Case No. 1758/2017 (Crime No. 339/2017), Criminal Case No. 2086/2019 (Crime no. 80/2019), Criminal Case No. 3115/2021 (Crime No. 571/2021) & Criminal Case No. 1702/2017 (Crime No. 171/2017) and Crime No. 604/2021, 506/2022, 855/2022, 207/2023, 247/2024, 312/2024, 388/2019 & 91/2019 is pending before the learned JMFC, Bilaspur (C.G.) in Criminal Case No. 3937/2021, 4839/2022, 4840/2022, 3174/2023, 6497/2024, 6499/2024, 3041/2019 & 828/2019 respectively and record of crime no. 234/2003 & 385/2012 is not found. 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. He further submits that the applicant has 15 previous criminal antecedents in which five cases has been disposed of by the JMFC, Bilaspur (C.G.) in Criminal Case No. 1216/2017 (Crime No. 174/2017), Criminal Case No. 1758/2017 (Crime No. 339/2017), Criminal Case No. 2086/2019 (Crime no. 80/2019), Criminal Case No. 3115/2021 (Crime No. 571/2021) & Criminal Case No. 1702/2017 (Crime No. 171/2017) and Crime No. 604/2021, 506/2022, 855/2022, 207/2023, 247/2024, 312/2024, 388/2019 & 91/2019 is pending before the learned 4 JMFC, Bilaspur (C.G.) in Criminal Case No. 3937/2021, 4839/2022, 4840/2022, 3174/2023, 6497/2024, 6499/2024, 3041/2019 & 828/2019 respectively and record of crime no. 234/2003 & 385/2012 is not found. 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 fact that the charge-sheet has been filed before the competent Court and on 16.03.2025 and applicant has 15 previous antecedents, out of which two cases are under the Excise Act, but after having gone thorough the materials available on records and the allegation levelled against the present applicant and the recovery made, further taking into account that the applicant is a habitual offender further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 11.160 bulk and 7.200 bulk liters of country made liquor 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 that is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Pukku @ Jagdish Dhruv involved in MCRC No.4732 of 2025 in Crime No. 290/2025 and in MCRC No 4508 of 2025 in Crime No. 300 of 2025 registered at 5 Police Station -Civil Line, District - Bilaspur (C.G.), for the offence punishable under Section 34(2), 59(a) of the Chhattisgarh Excise Act, is rejected. 7. 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 vaishali