1 2025:CGHC:27042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4773 of 2025 Sumran Chelak, Aged About 65 Years, S/o Dayaram Chelak R/o Village Manwa, P.S. Arang, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Arang, District Raipur (C.G.) ... Respondent For Applicant : Shri Balraj Gupta, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 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. 258/2025 registered at Police Station Arang, Dist. - Raipur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 08.05.2025, based on GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.26 20:25:02 +0530 2 information received from a confidential informant, allegedly total of 17 liters 2,80 ml. of Desi Masala liquor was seized from the possession of the applicant/accused from the bushes situated in the front of his new house, which contained a red sack with 96 quarters of Desi Masala liquor each filled in sealed bottles, specifically 180 ml. in each bottle. A case has been registered against the accused under Crime No. 258/2025 u/s 34(2) of the Chhattisgarh Excise Act and an investigation is underway. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 17 liters 2,80 ml of Desi Masala liquor was not seized from the exclusive possession of the applicant. He would submit that charge sheet has been filed in this case, the applicant is in jail since 8/05/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. She would submit that charge sheet has been filed in the present before the Competent Court. She has further pointed out that the applicant has criminal antecedents of 5 cases and all the 5 cases are under the Excise Act to which learned counsel for the applicant submitted that in para 4A he has mentioned the list and the said cases have been disposed of. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicant has criminal antecedents of 5 cases and all the 5 3 cases are under the Excise Act and the submission which is made by the applicant that in para 4A he has mentioned the list and the said cases have been disposed of but from the perusal of the para 4A which is quoted herein below: “4(a) That the 5 cases registered against present applicant which are as follows:- (a) Crime no. 11/2002 P.S. Arang, U/s 34 of Excise Act, (b) Crime no. 339/2022, P.S. Arang, U/s 36(C)of Excise Act, (c) Crime no. 233/2022, P.S. Arang, U/s 36 (C) of Excise Act, (d) Crime no. 392/2022, P.S. Arang U/s 34(1)(B) of Excise Act, (e) Crime no. 274/2023, P.S. Arang U/s 34(2) of Excise Act. & the present case in hand as per the best knowledge of the deponent in the supporting affidavit.” goes to show that the applicant has only stated that as per the best knowledge of the deponent the said cases are against the applicant but the submission which is made that same has been disposed of has not been averred. He has tried to mislead the Court, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Sumran Chelak involved in Crime No.258/2025 registered at Police Station Arang, Dist. - Raipur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri