1 2025:CGHC:53911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8749 of 2025 Sitaram Bhardwaj S/o Benuram Bhardwaj Aged About 55 Years R/o Village Devarghata, Police Chowki Faguram, P.S. Dabhara, District : Sakti, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Chowki Faguram, Police Station Dabhara, District : Sakti, Chhattisgarh ... Non-Applicant For Applicant : Mr. Puranchand, Advocate For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 243/2025, registered at Police Outpost – Faguram, Police Station - Dabhara, District – Sakti (C.G.) for offence punishable under Sections 34 (2) & 59 (a) of the Chhattisgarh Excise Act, 1915. 2. The prosecution's story, in brief, is that the police of Police Station Shivrinarayan, District - Janjgir-Champa, received a secret information from an informant and on the basis of the said information, conducted a raid and seized 25 bulk liters of country made Mahua liquor from the possession of the applicant. Thereafter the aforesaid offences were registered against the 2 applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has 02 criminal antecedents which are pending before the concerned Trial Court. He is in jail since 29.07.2025, the conclusion of the 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 25 bulk liters of country made Mahua liquor were seized from the possession of the applicant which is huge quantity. However, she do not dispute the submission of counsel for the applicant that the applicant is having 02 criminal antecedents under the C.G. Excise Act, 1915) which are pending before the concerned Trial Court. Hence, 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, the nature and gravity of the offense leveled against the applicant, criminal antecedents registered against him and the fact that 25 bulk liters of handmade liquor was seized from the possession of the applicant without any valid license, and no plausible explanation has been offered in this regard and further, 02 criminal antecedents of the applicant under the C.G. Excise Act, 1915 which are pending goes to show that he is a habitual o!ender, 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, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the 3 applicant on bail. 7. Accordingly, the bail application of the applicant namely, Sitaram Bhardwaj, involved in Crime No. 243/2025, registered at Police Outpost – Faguram, Police Station - Dabhara, District – Sakti (C.G.) for the offence punishable under Sections 34 (2) & 59 (a) of the Chhattisgarh Excise Act, 1915 is rejected. 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY