1 2025:CGHC:39136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6197 of 2025 Jitendra Verma S/o Indrajeet Verma Aged About 35 Years R/o Village Chingali, Police Station And Tahsil Khairagarh, District Khairagarh- Chhuikhadan-Gandai (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Chowki Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent(s) For Applicant(s) : Ms. Savita Tiwari, Advocate. For Respondent(s) : Mr. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.76/2025, registered at Police Station- Chowki Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 the offence punishable under Sections 34(2) & 42 of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on March 12, 2025, at 2:09 PM, the Assistant Sub-Inspector of Police Station Khairagarh, M.L. Bhandekar, received information from an informant that the accused, Jitendra Verma, was storing a large quantity of liquor for sale to earn illegal profits during the Holi festival. Based on this information, the police team, along with witnesses, raided the accused's house and found a total of 18 boxes of Special Whiskey, manufactured in Madhya Pradesh, containing 900 pouches of 180 ml each, totaling 162 bulk liters worth Rs. 1,17,000/-. When a notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was served to the accused to produce necessary documents, he claimed to have none. The police then prepared a search memo, conducted a spot investigation, and seized the liquor. A sample was taken for testing. After returning to the police station, an FIR was registered against the accused. A site map was prepared, witness statements were recorded, and the accused's memorandum was taken, in which he admitted to committing the crime with other accused. One of the accused, Babbu Khan, is absconding. Upon finding evidence of the crime, the accused was arrested. After completing the investigation and obtaining permission from the Inspector General of Police, Rajnandgaon, a charge sheet was filed against the accused under Section 193(9) of the BNSS. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has 3 been falsely implicated in this case. She contends that no recovery of liquor was made directly from the possession of the applicant as the same were made from the possession of the co-accused persons solely on the basis of memorandum statement of the applicant. It is further submitted that though the applicant has seven prior criminal antecedents, out of which, six of them are under the Excise Act, five of which have been disposed of and one is pending and one case is under the IPC. The applicant is in custody since 12.03.2025, the charge-sheet has already been filed, and the trial is likely to take time for conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the joint possession of the applicant and other co- accused persons i.e. 162 bulk liters of liquor, so far as criminal antecedents of the applicant are concerned, applicant has seven criminal antecedents, out of which, six cases are under the Excise Act and one is under the IPC. Hence, 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 and circumstances of the case, nature and gravity of offence levelled against the applicants and the fact that in the present case charge-sheet has been filed before the competent Court and a huge quantity of liquor, totaling 162 bulk liters of liquor 4 was recovered from the joint possession of the applicant and other co-accused persons without any valid licence and no plausible explanation has been offered in this regard. Furthermore, considering the gravity and seriousness of this case, it cannot be a case of false implication, so far as criminal antecedents of the applicant are concerned, applicant has seven criminal antecedents, out of which, six cases are under the Excise Act and one is under the IPC, though five cases under the Excise Act have already been disposed of, but he is a habitual offender, 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 - Jitendra Verma, involved in Crime No.76/2025, registered at Police Station- Chowki Jalbandha, Police Station Khairagarh, District Khairagarh- Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 34(2) & 42 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil