1 2025:CGHC:7340 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1194 of 2025 1 - Gangadhar Sarthi S/o Harishankar Aged About 36 Years R/o Village Madwa P.S. Chandrapur, District- Sakti ( C.G. ). ... Petitioner versus 1 - State Of Chhattisgarh Through- The P.S. Excise Circle Dabhara, District- Sakti ( C.G. ). ... Non-Applicant For Applicant : Mr. Tapan Kumar Chandra, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail as he has been arrested in connection with Crime No. 221/2024, registered at Police Station- Excise Circle - Dabhara, District – Sakti (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that the S.I. Excise Circle Dabhara had received a secret information and on the basis of information, raid 2 has been conducted and seized total 9 bulk liters handmade Mahua liquor from the house of accused. Thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has 9 previous criminal antecedents out of which 5 cases are under the istaghasa and four cases are under the Excise Act out of which in two cases, the applicant has been acquitted and rest two cases are still pending. He further submits that the charge-sheet has been filed, he is in jail since 15.01.2025 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 09 bulk liters of handmade Mahua Liquor has been recovered from the possession of the applicant and the applicant has nine previous criminal antecedent out of which 05 cases are under the Istaghasha and four cases are under the Excise Act and in the present case, charge-sheet has been filed, therefore, his bail application is liable to be dismissed. 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 applicant has 9 previous criminal antecedents out of which 5 cases are under the istaghasa and four cases are under the Excise Act, out of which in two cases, the applicant has been acquitted and rest two cases are still pending and as such he he is a habitual offender and the quantity of liquor seized from the applicant 3 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 – Gangadhar Sarthi involved in Crime No. 221/2024, registered at Police Station- Excise Circle - Dabhara, District – Sakti (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial 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 Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.12 17:04:13 +0530