1 2025:CGHC:9394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1544 of 2025 Rajesh Kurre S/o Jivan Kurre Aged About 27 Years R/o Barbhantha, P.S. Sarsiwan, Tehsil and District- Sarangarh- Bilaigarh ( C.G. ) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, P.S. Sarsiwa, Tehsil and District- Sarangarh- Bilaigarh ( C.G. ). ... Non-applicant For Applicant : Mr. Ankit Singh, Advocate For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 26/2025, registered at Police Station- Sarsiwa, Tehsil and District- Sarangarh-Bilaigarh, (C.G) for the offence punishable under Sections 34(2), 42 of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, as per the secret information received from the informant, on the basis of such information, the police ofÏcials conducted raid and have seized 10 bulk liters of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 handmade Mahua liquor from the possession of the co-accused and as per the statement of co-accused the present applicant has been implicated. Thereafter, the crime has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case and the alleged liquor has not been recovered from the exclusive possession of the applicant. He further submits that the present applicant has 02 criminal antecedents under the similar nature, in which, both the cases are pending. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is languishing in jail since 24.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He also submits that the present applicant has 02 criminal antecedents under the similar nature, in which, both the cases are pending, which shows that the present applicant is a habitual offender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 02 criminal antecedents under the similar nature, in which, both the cases are pending, shows that the present applicant is a habitual offender and also in light of the judgment rendered by the Hon’ble 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 the applicant – Rajesh Kurre, involved in Crime No. 26/2025, registered at Police Station- Sarsiwa, Tehsil and District- Sarangarh-Bilaigarh, (C.G) for the offence punishable under Sections 34(2), 42 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan