1 2025:CGHC:3118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 502 of 2025 Chhotu @ Churaman Banjare S/o Late Ramprasad Banjare, Aged About 36 Years R/o Goura Chowk, Makeshwar Ward, Dhamtari, District- Dhamtari ( C.G.). ... Applicant versus State Of Chhattisgarh Through- The Station House OfÏcer, Police Station Of Police Station City Kotwali Dhamtari, District- Dhamtari (C.G.). ---- Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 406/2024 registered at Police Station- City Kotwali, District Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 24.10.2024, as per KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information received from the informant during patrolling that the present applicant has kept liquor for selling purposes, on the basis of such information, the concerned police conducted raid and have seized 7.560 bulk liters of liquor from the possession of the applicant and thereafter, the aforesaid offence was registered against him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and in the present case, charge-sheet has been filed before the competent Court and the applicant has three criminal antecedents under the Excise Act of the year 2016, 2022 and 2024 respectively, out of which in one case, the applicant has been acquitted and two cases are still pending which has explained in the bail application. He also submits that the applicant is in jail since 24.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has four criminal antecedents out of which two cases are under the Excise Act, which are still pending and two cases are under the Gambling Act and he is a habitual offender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the fact and circumstances of the case that the applicant has four criminal antecedents out of which two cases are under the Excise Act, which are still pending and two cases are under the Gambling 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 7.560 bulk liters of 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. Accordingly, the bail application of the applicant-Chhotu @ Churaman Banjare filed under Section 483 of the BNSS, involved in Crime No. 406/2024 registered at Police Station- City Kotwali, District Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce 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