1 2025:CGHC:53424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7096 of 2025 • Gulshan Gendre S/o Bhukhan Lal Gendre Aged About 36 Years R/o Village- Vodekhurd, P.S. Vidhansabha District- Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station Vidhansabha, Raipur, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. B.L.Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/10/2023 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.395/2025 registered at Police Station Vidhansabha, District-Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the Police of Police Station, Vidhansabha, District-Raipur (C.G.) has received secret information VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.03 17:42:25 +0530 2 by the informant and conduct a raid and seized 36.000 bulk liters country made liquor from the illegal possession of the applicant and other two accused persons and thereafter, the Police has registered a case for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. It is further argued by learned counsel for the applicant is that there is five criminal antecedent registered against the present applicant, out of which four cases registered under Section 34(2) and 36(C) of Chhattisgarh Excise Act, whereas in two Excise cases applicant has been acquitted and one case is pending under the Excise Act and other case is istagasa. He also submits that the applicant is in jail since 09.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he 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 It is further argued by learned counsel for the applicant is that there is five criminal antecedent registered against the present applicant, out of which four cases registered under Section 34(2) and 36(C) of Chhattisgarh Excise Act, whereas in two Excise cases applicant has been acquitted and one case is pending under the Excise Act and other case is istagasa, and from perusal of the 3 acquittal order passed in crime No.124 of 2019 for offence under Section 34(2) of C.G. Excise Act, it transpired that the witnesses have turned hostile. 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 fact that the charge-sheet has been filed before the competent Court and the present applicant has 04 criminal antecedent, out of which, three cases under the Excise Act, whereas in two Excise cases applicant has been acquitted and one case is pending under the Excise Act, from perusal of the acquittal order passed in crime No.124 of 2019 for offence under Section 34(2) of C.G. Excise Act, it appears that he got himself acquitted by tempering the evidence and manipulating the witnesses who turned hostile and that the quantity of liquor seized is 36.000 bulk liters country made liquor, applicant is 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 antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant- Gulshan Gendre filed under Section 439 of the Cr.P.C., involved in Crime No. 395/2025 registered at Police Station Vidhansabha, District-Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 4 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali