1 2025:CGHC:13168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1480 of 2025 Vivek Shah S/o Subhash Shah Aged About 20 Years R/o Ward No. 09, V.I.P. Colony, Metal Park, P.S. Khamtrai, District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Excise Circle Khamtrai, Police Station – Khamtrai, District – Raipur, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Nitesh Sahu, Advocate. For respondent/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.293/2025, registered at Police of Excise Circle Khamtrai, Police Station – Khamtrai, District – Raipur (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act. 2. The prosecution story in brief, is that, a secret information received by the Police of Excise Circle Khamtrai, Police Station – Khamtrai, District RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 – Raipur (C.G.) through the informant and on the basis of such information, the police has seized a total of 10.98 bulk liters of liquor from the illegal possession of the applicant. Thereafter, the applicant was arrested and the offence has been registered. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. He further submits that the charge-sheet has not been filed, applicant is in jail since 25.01.2025 and trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that 10.98 bulk liters of liquor has been recovered from the illegal possession of the applicant. It is also submitted that the applicant has 5 criminal antecedents under the Excise Act, and the charge-sheet has not been filed in this case, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the fact that though the chargesheet has not been filed in the present case, the applicant has 5 criminal antecedents under the Excise Act, and he is a habitual offender, further he has misused the bail granted to him earlier, and from the possession of the applicant 10.98 bulk liters of liquor has been seized, 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 3 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Vivek Shah filed under Section 483 of BNSS, involved in Crime No.293/2025, registered at Police of Excise Circle Khamtrai, Police Station – Khamtrai, District – Raipur (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act, is rejected. 8. Needless to say that the trial Court is at liberty to proceed to with the trial and conclude the same, expeditiously. 9. 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 Rajshekhar