1 2025:CGHC:29557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5044 of 2025 Mohit Malekar @ Montu S/o Radhelal Malekar Aged About 31 Years R/o Ravidas Nagar, Mochipara, P.S. Dongargah, District Rajnandgaon Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Police Station Dongargarh, District Rajnandgaon Chhattisgarh ... Respondent For Applicant : Shri Ashish Gangwani, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 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.200/2025 registered at Police Station Dongargarh, District Rajnandgaon Chhattisgarh for the offence punishable under Section 34(2) of Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 11:50:23 +0530 2 2. Case of the prosecution, in brief, is that on 05/05/2025 the police has seized 9.900 bulk liter liquor from the possession of the applicant. Thereby, offence has been committed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He would submit that though the applicant has criminal antecedents of 17 cases and it is stated that explanation of 9 cases have been given in para 4A of the bail application out of which five cases have been disposed of but the other cases are still pending. He would submit that charge sheet has been filed, the applicant is in jail since 05/05/2025 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 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 would submit that the applicant has 17 criminal antecedents out of which two cases are under the Excise Act, other cases are under the IPC and NDPS and out of 17 criminal antecedents, the applicant has explained 9 cases in para 4A of the bail application. He further submits that 9.900 bulk liter liquor was recovered from the 3 possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the record, it transpires that the applicant has 17 criminal antecedents and his criminal antecedents goes to show that he is an habitual offender and misused the liberty of bail and he is involved in various types of offences including NDPS, 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 Mohit Malekar @ Montu involved in Crime No.200/2025 registered at Police Station Dongargarh, District Rajnandgaon Chhattisgarh for the offence punishable under Section 34(2) of 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