1 2025:CGHC:50955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8122 of 2025 Dayalal Ratre S/o Late Shri Motilal Ratre Aged About 50 Years R/o Village- Rohina, Police Station- Rajim, District- Gariyaband (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Rajim, District- Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. K.S. Pradhan, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.283/2025, registered at Police Station Rajim, District- Gariyaband (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution story in brief, is that, on 19.09.2025, based on MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.14 11:20:34 +0530 2 secret information received from an informer, the police officials of Police Station Rajim conducted a raid and recovered a total of 5.760 bulk liters of illicit liquor from the illegal possession of the applicant and thus registered the case against him. Hence this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is languishing in jail since 19.09.2025 and the charge-sheet has not been filed till date, as such, the trial is likely to take some time for its conclusion. He later submits that as per the knowledge of deponent, applicant has total 07 previous criminal antecedent registered against him. He lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits applicant has total 07 previous criminal antecedents registered against him, out of which, 04 are under the Excise Act, which itself shows that applicant is a habitual offender, hence his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the fact that the applicant is having total 07 previous criminal antecedents registered against him, out of which, 04 are 3 under the Excise Act, which itself shows that applicant is a habitual offender, thus 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 antecedents, though the applicant is languishing in jail since 19.09.2025, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Therefore, the bail application filed by the applicant/accused – Dayalal Ratre involved in Crime No.283/2025, registered at Police Station Rajim, District- Gariyaband (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. 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 Manpreet