1 2025:CGHC:7063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1127 of 2025 Dilip Besan S/o Akshay Aged About 32 Years R/o Village Dwari, P.S. Ambahouna District Bargarh (Odisa) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, P.S. Sariya, District Sarangarh-Bilaigarh (Chhattisgarh) ---- Non-Applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.05/2025, registered at Police Station- Sariya, District- Sarangarh-Bilaigarh, (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that as per secret information received from the informant on 06.01.2025, on the basis of such information, the police conducted raid and have seized 15 bulk KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 liters of hand made liquor from the possession of the present applicant therefore, the aforesaid offence has registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the alleged liquor has not been recovered from the exclusive possession of the applicant. 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. He also submits that the applicant is in jail since 06.01.2025 and the applicant has two previous criminal antecedents under the Excise Act and 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 in the present case charge-sheet has been filed before the competent Court and the applicant has two previous criminal antecedents under the Excise Act and the quantity of hand made liquor seized from the applicant i.e. 15 bulk liters of liquor and as such he is a habitual offender. Accordingly, 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, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the 3 competent Court and the applicant has two previous criminal antecedents under the Excise Act and the quantity of hand made liquor seized from the possession of the applicant i.e. 15 bulk liters of liquor and as such he is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment 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 – Dilip Besan, involved in Crime No.05/2025, registered at Police Station- Sariya, District- Sarangarh-Bilaigarh, (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trail 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 Kunal