1 2025:CGHC:14951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1995 of 2025 Ashok S/o Shri Lale Aged About 30 Years Caste Bansal, R/o Ward No. 17 Lalpur, Police Station And Tehsil Manendragarh, District Manendragarh- Chirmiri-Bharatpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Officer In-Charge Excise Police, Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent For applicant : Shri Shivam Agrawal, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/03/2025 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.142/2025 registered at Police Station Excise Circle Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 34(1)(a)(f), 34(2), 59-A(1)(2) of Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.01 12:13:24 +0530 2 2. Case of the prosecution, in brief, is that 15 Liters Mahua liquor & 120 KG Mahua Pas (Raw Material) was seized from the house of the applicant. The applicant was arrested on 22.01.2025 and investigation is going on. 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 under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. Learned counsel submits that applicant is having 05 criminal antecedents out of which in two cases he has been acquitted and three cases under the Excise Act are pending. He also submits that the applicant is in jail since 22/01/2025 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 not been filed in the present case before the competent Court. He further submits that the applicant is having 05 criminal antecedents out of which in two cases he has been acquitted and three cases under the Excise Act are pending, as such, he is a habitual offender and 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 not been filed before the competent Court and in the present case the applicant is having 05 criminal antecedents out of which in two cases he has been acquitted and three cases under the Excise Act are pending and he is a habitual offender further he has misused the bail granted to him earlier and that the quantity of liquor seized is 15 Liters Mahua liquor & 120 KG Mahua 3 Pas (Raw Material) 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Ashok involved in Crime No.142/2025 registered at Police Station Excise Circle Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 34(1)(a)(f), 34(2), 59-A(1)(2) of 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - SD Sd/- (Ramesh Sinha) Chief Justice gouri