1 2025:CGHC:44711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6932 of 2025 Jagdev Jaiswal @ Bheema S/o Malikram Aged About 36 Years R/o Village Raseda, Police Station City Kotwali, District Balodabazar-Bhatapara C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara C.G. ... Respondent(s) For Applicant(s) : Ms. Lata Nayak, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/09/2025 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. 360/2024 registered at Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(1) & 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 12.04.2025, as per secret information received from the informant, the Police of Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 seized 9.180 bulk liter of illicit liquor from the possession of the accused which led to the registration of alleged offence against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She further submits that no recovery has been made from the possession of the applicant, as the alleged liquor was seized from an open place. A false seizure memo has been prepared by the police in order to falsely implicate the applicant in the criminal 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, further the applicant is in jail since 12.04.2025, so far as criminal antecedents of the applicant are concerned, applicant has seven criminal antecedents, out of which, only two cases are pending against him which are under the Excise Act, 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. She further submits that the applicant has seven criminal antecedents, out of which, two cases are under the Excise Act, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case, the applicant has seven criminal antecedents, out of which, two cases are pending against him, which are under the Excise Act, as such, he is a habitual offender further he has misused the bail granted to him earlier, the quantity of liquor seized is 9.180 bulk liters of illicit liquor 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-Jagdev Jaiswal @ Bheema, involved in Crime No. 360/2024 registered at Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(1) & 34(2) 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil