1 2025:CGHC:54282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7852 of 2025 Maya Madhukar W/o Late Harbhajan Madhukar Aged About 30 Years R/o Village Pachpedi, P.S. Pachpedi, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pachpedi, District : Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 11.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 211/2025, registered at Police Station - Pachpedi, District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution case, in brief, is that on the date of incident, police has received information by informant that unknown lady have kept illegal liquor to sale and police has seized 35 liter VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:35 +0530 2 country made kachchi Mahua liquor from possession of the applicant at open place and police has registered a case for offence punishable under section 34 (2) of the Excise Act against applicant and hence this bail application is being preferred before the Hon'ble Court. 3. The applicant submits that he is innocent and has been falsely implicated in the present case. She further submits that the applicant is an innocent lady and a housewife who has no nexus whatsoever with the alleged incident narrated by the prosecution. The applicant had no knowledge regarding the seized liquor, as the police have seized the alleged illicit liquor from an open utility place situated at the spot of the incident, which is accessible to the general public. The applicant is suffering from a tumor and her medical treatment is going on continuously. She has minor children to look after and her husband has already expired, therefore, if she is not released on bail, her minor children will be adversely affected in their upbringing and education. The applicant has been in judicial custody since 17.08.2025, and due to her prolonged pre-trial detention, her future as well as the livelihood of her family members will suffer irreparably. There is no prima facie case made out against the applicant, and she has no motive or intention to commit the alleged offence. The allegations levelled by the prosecution against her are false, frivolous, and baseless. The applicant reserves her right to raise any other appropriate grounds and to submit all relevant 3 documents before this Hon’ble Court. She is a permanent resident of the village mentioned in the cause title of this bail application; therefore, there is no likelihood of her absconding. The applicant is ready and willing to furnish adequate surety and shall abide by all the terms and conditions which may be imposed by this Hon’ble Court, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He submits that the present applicant has 03 criminal antecedents under the Excise Act, which shows that the present applicant 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 diary. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 3 criminal antecedents under the Excise Act, 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 4 antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Maya Madhukar, involved in Crime No. 211/2025, registered at Police Station - Pachpedi, District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaibhav