1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5107 of 2025 • Murli Sahu S/o Bhagirathi Sahu Aged About 34 Years R/o Village Chhal, Police Station And Tahsil Chhal, District Raigarh, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through S.H.O. Of The Police Station Chhal, District Raigarh, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Abhishek Saraf, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/07/2025 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 applicants who has been arrested in connection with Crime No.109/2025 registered at Police Station - Chhal, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. As per the prosecution case that on secret information received by an informant that, the present applicant kept total 6 liters Mahua Liquor amounting Rs. 600/- in plastic jerry i.e. found from the possession of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.05 10:45:39 +0530 2 the applicant, so on the basis of that applicant has been arrested. 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. He also submits that the applicant has criminal antecedents in crime No. 109 of 2015 offence under Section 34(1)(a) of Excise Act, in Crime No. 143 of 2020 offence under Section 36(F) of Excise Act, in Crime No. 34 of 2021 offence under Section 34(1)(a) of Excise Act, in crime No.90/2015 offence under Section 36(F) of Excise Act, and other three cases of actions under Section 107/116(3) of Cr.P.C (2012, 2018 and 2021), all cases are disposed of and he is in jail since 08.06.2025 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 Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and 6 bulk liters liquor has been seized from the present applicant and the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has criminal antecedents in crime No. 109 of 2015 offence under Section 34(1)(a) of Excise Act, in Crime No. 143 of 2020 offence under Section 36(F) of Excise Act, in Crime No. 34 of 2021 offence under Section 34(1)(a) of Excise Act, in crime No.90/2015 offence under Section 36(F) of Excise Act, and other three cases of actions under Section 107/116(3) of Cr.P.C (2012, 2018 and 2021), all cases are disposed of. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the fact that the applicant has four criminal antecedents under the Excise Act and three other cases of under the Preventive actions and all are disposed of, charge-sheet has been filed 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. 7. Accordingly, the bail application of the applicant – Murli Sahu involved in Crime No.109/2025 registered at Police Station - Chhal, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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