1 2025:CGHC:4526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8906 of 2024 Prajjwal Santwani S/o Rajesh Santwani Aged About 24 Years (Not Mentioned In The Impugned Order Sheet), R/o Kabir Nagar, H.No. L.I.G. - 222, P.S. - Kabir Nagar, District - Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through - P.S. Excise Circle - Tatibandh, District - Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. M.P.S. Bhatia, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.01.2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail as he has been arrested in connection with Crime No. 200/2024, registered at Police Station- Excise Circle - Tatibandh, District - Raipur (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 29.11.2024 the concerned Police Station received a secret information and on the basis of information, raid has been conducted and seized 25 Simba Strong PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.25 14:04:18 +0530 2 Beer Bottles and 36 Quarters of Besto Rare Whisky totalling to 22.73 bulk liters. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. He further submits that he has three previous criminal antecedents under the Excise Act out of which two cases are pending and one case is disposed of and the charge-sheet has been filed, he is in jail since 29.11.2024 and trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that total 25 Simba Strong Beer Bottles and 36 Quarters of Besto Rare Whisky totalling to 22.73 bulk liters has been recovered from the possession of the applicant, the applicant has three previous criminal antecedent under the Excise Act and the charge-sheet has been filed, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has been filed before the competent Court and the present applicant has three previous criminal antecedents under the Excise Act out of which two cases are pending and one case is disposed of which show that he is habitual offender and it cannot be a case of false implicaiton. Further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 25 Simba Strong Beer Bottles and 36 Quarters of Besto Rare Whisky totalling to 22.73 bulk liters and also in light of the judgment 3 rendered by the Hon’ble Court in Deepak Yadav Vs. 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 applicant – Prajjwal Santwani involved in Crime No. 200/2024, registered at Police Station- Excise Circle - Tatibandh, District - Raipur (C.G.) for the offence punishable under Sections 34(2) and 59(A) 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti