1 2025:CGHC:5837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 921 of 2025 Gulab Kandra S/o- Brijlal Kandra, R/o- Ward No. 17, Near to Sitla Mandir, Chirhuldih, District- Raipur, C.G. --- Applicant versus State of Chhattisgarh Through - S.H.O P.S- Dindayal Upadhayay Nagar, Raipur, District - Raipur, C.G. --- Non-Applicant For Applicant : Ms. Harshika Pandey, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.433/2024, registered at Dindayal Upadhayay Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 07.11.2024 the Police of Police Station Dindayal Upadhayay Nagar, Raipur got a secret information from informant that one person has kept the possession of illegal liquor for sell PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.04 10:43:20 +0530 2 and therefore, the raid was made and 44 pieces of 180 ml, total 7.920 bulk liters worth Rs. 4,840/- country made liquor kept in white plastic bag has been seized, thereafter, FIR was registered for the offence punishable under Section 34(2) of C.G. Excise Act, and the applicant has been arrested and since he is in jail. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. She further submits that the applicant have some dispute taken place with Police and they were demanded illegal money from the applicant and when applicant denied, false case under the Excise Act has been registered against the applicant. She further submits the applicant has previous criminal antecedents which are registered as Crime No. 178/2019 registered by P.S- Civil Line, Raipur for offence under Sections 34 (2) of Excise Act, in which applicant has been acquitted by JMFC Raipur, Crime No. 458/2022 registered by P.S- D.D. Nagar, Raipur for offence under Sections 294, 506 (b), 323, 542, 34 of IPC, is pending before JMFC, Crime No. 07/2023 registered by P.S- D.D. Nagar, Raipur for offence under Section 20 (b) of NDPS Act, is pending before Special Court, (NDPS) Raipur in which applicant is enlarged on bail and Crime No. 395/2024 registered by P.S- D.D. Nagar, Raipur for offence under Section 34 (2) of Excise Act, in which applicant is enlarged on bail, further the charge-sheet has been filed and he is in jail since 07.11.2024 and 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 total 7.920 bulk liters worth Rs. 4,840/- country made liquor kept in white plastic bag has been seized from the possession of the applicant. She further submits that the applicant is having six previous criminal antecedents under the Excise Act, NDPS 3 Act and IPC, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that the applicant is having six previous criminal antecedents under the Excise Act, NDPS Act and IPC which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 7.920 bulk liters worth Rs. 4,840/- country made liquor has been recovered from the possession of the applicant 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. 7. Accordingly, the bail application of applicant – Gulab Kandra involved in Crime No.433/2024, registered at Dindayal Upadhayay Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Preeti