1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5281 of 2025 • Arvind Sonwani S/o Ajeet Sonwani Aged About 24 Years R/o Village Dhandhan Police Station Takhatpur, District Bilaspur (Wrongly Mention Father Name Of The Applicant Ajij In The Impugned Order) ... Applicant versus • State Of Chhattisgarh Through S H O, Takhatpur, District Bilaspur, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dheerendra Pandey, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 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.250/2025 registered at Police Station Takhatpur, District Bilaspur (C.G.), for the offence punishable under Section 34(1), (क), (च), 34(2), 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that according to the case diary, that it 240 is alleged that present applicant found in 240- 2 bulk liters handmade mahua liquor & one Gas Chulha, 7 piece aluminum dechka, which is seized from the possession of the applicant and registered the aforesaid offence against the applicant. 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 and the applicant is in jail since 22.05.2025 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 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 is having total 03 criminal antecedents, in which 02 cases under the Excise Act and he is a habitual offender and 240 bulk liters handmade mahua liquor & one Gas Chulha, 7 piece aluminum dechka were seized from the present applicant. 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 240 bulk liters handmade mahua liquor & one Gas Chulha, 7 piece aluminum dechka and the present applicant has 02 criminal antecedent under the Excise Act and he 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 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- Arvind 3 Sonwani filed under Section 439 of the Cr.P.C., involved in Crime No.250/2025 registered at Police Station Takhatpur, District Bilaspur (C.G.), for the offence punishable under Section 34(1), (क), (च), 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. Sd/- (Ramesh Sinha) Chief Justice vaishali