1 2026:CGHC:14107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2775 of 2026 Surendra Saytode S/o Sudharu Saytode Aged About 35 Years R/o Village Khainda (Damru) Police Station City Kotwali, Baloda Bazar, District- Baloda Bazar - Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, City Kotwali, Baloda Bazar, District- Baloda Bazar - Bhatapara (C.G.) ... Respondent For Applicant : Shri Vikram Pratap, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/03/2026 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.137/2026 registered at Police Station City Kotwali, Baloda Bazar, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.25 11:07:16 +0530 2 District Baloda Bazar -Bhathapara (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 15.02.2026, the police Station City Kotwali, Baloda Bazar, while on routine patrolling and crime detection duty, received secret information that the present applicant along with co-accused was illegally transporting liquor between village Medh and Damru. Acting upon the said information, the police reached the spot and apprehended the accused persons. It is alleged that from their possession, 20 bottles of country liquor (Masala) and 20 bottles of Besto Rare Whisky, each containing 180 ml, totaling 7.200 bulk liters of liquor, were seized. Thereafter, the police registered Crime No. 137/2026 under Section 34(2) of the Chhattisgarh Excise Act and arrested the applicant, and since then he is in judicial custody. 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. He also submits that the applicant is in jail since 15/02/2026 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 been filed in the present case before the competent Court. He further submits that the applicant is having 02 criminal antecedents under the Excise Act, as such, he is a habitual offender and is not entitled for grant of bail. 3 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 in the present case the applicant is having 02 criminal antecedents under the Excise Act and he is a habitual offender further he has misused the bail granted to him earlier and that the total quantity of liquor seized is 7.200 bulk liters 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Surendra Saytode, involved in Crime No.137/2026 registered at Police Station City Kotwali, Baloda Bazar, District Baloda Bazar -Bhathapara (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - SD Sd/- (Ramesh Sinha) Chief Justice gouri