1 2025:CGHC:33814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5237 of 2025 Tulsiram Yadav S/o Late Lakhan Yadav, Aged About 33 Years R/o Udiyapal, Police Station Bakawand, District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Bakawand, District Bastar (C.G.) ... Respondent For Applicant : Ms. Deblina Maity, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/07/2025 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.33/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 16:55:33 +0530 2 Bakawand, District Bastar (C.G.). for the offence punishable under Sections 34 (2) & 36 of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on a secret information received by the police and on the said information, a raid was conducted and recovered total 19.080 liters of Liquor from the vehicle of the applicant, therefore crime has been registered against the present applicant and other two accused persons and filed the charge sheet before the concerned Court. 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. She also submits that under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. She also submits that the applicant is in jail since 23/06/2025 and the conclusion of the trial is likely to take quite long time. Therefore, she 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 02 criminal antecedents under the Excise Act, as such, he is a habitual offender and is not entitled for grant of bail. 3 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 in the present case the applicant is having 02 criminal antecedents under the Excise Act and he is a habitual offender further he has misused the bail granted to him earlier and that the quantity of liquor seized is 19.080 liters 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Tulsiram Yadav, involved in Crime No.33/2025 registered at Police Station Bakawand, District Bastar (C.G.). for the offence punishable under Sections 34 (2) & 36 of C.G. Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri