1 2025:CGHC:49452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7809 of 2025 Khalendra Bhardwaj S/o Chatursingh Bhardwaj, Aged About 40 Years R/o Village Raksha, Police Station Kosir, District Sarangarh- Bhilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kosir, District Sarangarh- Bhilaigarh (C.G.) ... Respondent For Applicant : Ms. Prachi Singh, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/09/2025 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.199/2025 registered at Police Station Kosir, District Sarangarh- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.26 18:05:06 +0530 2 Bhilaigarh (C.G.) for the offence punishable under Sections 34 (2) & 59 (A) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 25-08-2025, the Police of Police Station Kosir received secret information and on the basis of said information, a raid was conducted by the police of concerned Police Station and found total 45 bulk liter country made liquor from the house of present applicant, therefore crime as mentioned above has been registered and charge sheet has been before the concerned Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the mandatory provisions with regard to search and seizure have not been followed by the Police in this 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. She submits that charge sheet has been filed, the applicant is in jail since 25/08/2025 and 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 is having 02 criminal antecedents under the Excise Act which are pending, 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 is having 02 criminal antecedents under the Excise Act which are pending and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized is 45 bulk liter country made 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, therefore this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Khalendra Bhardwaj, involved in Crime No.199/2025 registered at Police Station Kosir, District Sarangarh-Bhilaigarh (C.G.) for the offence punishable under Sections 34 (2) & 59 (A) of C.G. Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - SD Sd/- (Ramesh Sinha) Chief Justice gouri