1 2025:CGHC:35225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5709 of 2025 Vijay Kumar Kashyap S/o Shri Ram Kashyap Aged About 39 Years R/o Village Kutara, Police Station Pamgarh, Civil And Revenue District Janjgir-Champa (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station House Officer, Pamgarh, District Janjgir- Champa (C.G.) ... Respondent For Applicant : Mr. Santosh Kumar Verma, Advocate For Non- applicant/State : Ms. Vaishali Mahilong, Panel lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.07.2025 1. The applicant has preferred this application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 257/2025, registered at Police Station – Pamgarh, District- Janjgir-Champa (C.G.) for the alleged commission of offence punishable under Section 34(2) of the C.G. Excise Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.24 18:15:03 +0530 2 2. The story in brief is such that on 02.06.2025 Police of Police Station Pamgarh received an information from a secret informer upon which the Police raided the house of the applicant and total of 09 liters of hand made liquor was seized from his house. Upon which crime was registered against the applicant and the applicant was subsequently arrested on 28.06.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that prima facie offence under Section 34(2) of the Excise Act is not made out against the present applicant as the seize liquor was not recovered from the exclusive possession of the present applicant. Hence he prays for enlarging the applicant on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant is involved in the case, therefore, he is not entitled for grant of bail. Moreover there are 8 previous criminal antecedents registered against the present applicant and that too are of Excise Act only. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, it is clear that the applicant has eight previous criminal antecedent and all of them are of Excise Act which shows that the present applicant is a habitual offender 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 it is not a fit case to enlarge the applicant on regular bail therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant –Vijay Kumar Kashyap, involved in Crime No.257/2025, registered at Police Station – Pamgarh, Distt. Janjgir-Champa (C.G.) for the alleged commission of offence punishable under Section 34(2) of C.G. Excise Act, stands rejected. 4 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 Alfiza