1 2025:CGHC:7056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1111 of 2025 Ramgopal Kenwat S/o Mithailal Kenwat Aged About 35 Years R/o Village Manikpur Near Matachoura Police Station Torva District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Torva District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Banhiman Roy, Advocate. For Non-Applicant /State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 1. This is the second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 384/2024 registered at Police Station Torva District - Bilaspur (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 has received information through informant is that on the date of incident, police has PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.10 17:35:11 +0530 2 seized 5.300 bulk liters country made mahua liquor from place of incident. Based upon the such information police has registered a case for offence punishable under section 34 (2) of the Excise Act against the applicant and hence this bail application is being preferred before the Hon'ble Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application which was rejected by this Court vide order dated 28.11.2024 passed in MCRC No.7667/2024 on the ground that the applicant is having 02 previous criminal antecedents under the Excise Act. Only ground which has been argued by learned counsel for the applicant that the applicant is suffering from 80% disability, specifically in his left hand and right leg. He further submits that the charge-sheet has been submitted and he is in jail since 06.10.2024. Therefore, he prays that the applicant to be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application was rejected on the ground that the applicant has two previous criminal antecedents under the Excise Act which shows that he is a habitual offender. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact and circumstances of the case and the fact that the first bail application of the applicant was rejected by this Court vide order dated 28.11.2024 passed in MCRC No. 7667/2024 on the ground that the applicant is having two previous 3 criminal antecedents under the Excise Act, which shows that the he is a habitual offender and only ground which has been submitted by learned counsel for the applicant that the applicant is suffering from 80% disability, specifically in his left hand and right leg, but the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, and it cannot be said to be a case of false implication and 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, 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 – Ramgopal Kenwat involved in Crime No. 384/2024 registered at Police Station Torva District - Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, rejected at this stage. 7. Needless to say that the trial Court is at liberty to proceed to with the trial and conclude the same, expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti