1 2025:CGHC:46394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7204 of 2025 Rajkumari Ogre W/o Late Vinod Ogre, Aged About 43 Years R/o Indira Nagar, Pamgarh, Police Station - Pamgarh, District - Janjgir-Champa (C.G.) ... Appilcant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Pamgarh, District - Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Paras Mani Shriwas, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/09/2025 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. 357/2025 registered at Police Station Pamgarh, District - Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 12.08.2025, as per secret information received from the informant, the Police of Police Station Pamgarh, District – Janjgir-Champa (C.G.) seized 10 bulk liters of country made Mahua liquor from the possession of the applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He further submits that under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He also submits that the applicant is in jail since 12.08.2025 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 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 two criminal antecedents 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 two criminal antecedents under the Excise 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 10 bulk liters of country made Mahua liquor, 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-Rajkumari Ogre, involved in Crime No. 357/2025 registered at Police Station Pamgarh, District - Janjgir-Champa (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. - Sd/- (Ramesh Sinha) Chief Justice Akhil