1 2025:CGHC:44610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6955 of 2025 Mahendra Verma S/o Mr. Kumar Verma Aged About 26 Years (Wrongly Mentioned As Katti), R/o Village Mohara, Tehsil Dongargarh, P.S. Dongargarh, Dist. Rajnandgaon C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Gandai, Dist. Kcg (Khairagarh Chuikhadan Gandai) C.G. ... Non-applicant(s) For Applicant : Mr. Raza Ali, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 49/2025 registered at Police Station- Gandai, District – Khairagarh- Chuikhadan-Gandai (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The earlier bail application of the applicant being MCRC No. 4797/2025 has been rejcted by this Court vide order dated 10.07.2025, on merits. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. The prosecution case, in brief, is that upon receiving information from an informer, the police staff, on 09.02.2025, took accused Kamlesh Kurre into custody, conducted a search, and recovered 162 bulk litres from him. Thereafter, offences under the aforesaid sections were registered against Kamlesh Kurre. Based on his memorandum, the present applicant, who had already been enlarged on bail in another offence, was implicated, arrested, and a charge sheet was filed against both the accused, including the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, on the grounds that three prosecution witnesses have been examined and they have turned hostile. He further submits that there is delay in trial and prosecution failed to conclude the trial and therefore section 437(6) of Cr.P.C. 480(6) of BNSS provides that the if the trial not concluded within 60 days from the first date of evidence then accused be released on bail and here in the present case more than 6 months has been lapsed but till date trial has not been concluded and further the applicant has not played any role in the offences. He also submits that the applicant is in jail since 09.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State Counsel appearing for the State/non- applicant opposes the bail application and submits that the applicant has 06 criminal antecedents, out of which 03 cases are of the similar nature, which shows that the present applicant is a habitual offender. As such, he is not entitled for grant of bail. 3 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as the seizure witnesses have been turned hostile, the same cannot be a ground for releasing the applicant on bail and also considering the fact that the present applicant has 06 criminal antecedents, out of which 03 cases are of the similar nature, 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. Accordingly, the bail application of the applicant - Mahendra Verma, involved in Crime No. 49/2025, registered at Police Station Gandai District Khairagarh – Chuikhadan - Gandai (C.G) for the offence punishable under Section 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal