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2026 DAILYLAW 21818 (CHH)

HEENA DEWAR v. STATE OF CHHATTISGARH

MCRC/5278/2026 · 2026-06-16

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Judgment text

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1 2026:CGHC:24488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5278 of 2026 Heena Dewar W/o Badku Dewar Aged About 25 Years R/o Dewar Basti Kukurbeda, P.S. Saraswati Nagar, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No.57/2026, registered at Police Station - Saraswati Nagar, District - Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution case, during routine patrolling, the police allegedly received information from an informant that on the date of the incident an unknown woman was in possession of illicit liquor for the purpose of sale. Acting upon the said information, the police conducted a search and allegedly seized 16.200 bulk litres of country-made liquor from an open place. It is further alleged that the applicant could not produce any valid PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.18 18:39:28 +0530 2 document or licence in respect of the seized liquor. Consequently, the police registered an offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the applicant. Being aggrieved by the said registration of the case and the consequent arrest/prosecution, the present bail application is being preferred before this Hon'ble Court. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the Police has not seized any article from the possession of the applicant. He also submits that the applicant has two previous criminal antecedents under the Excise Act which are still pending. It is also submitted that the charge-sheet has already been filed, the applicant has been in judicial custody since 10.03.2026, and the trial is likely to take a considerable amount of time to conclude. Therefore, it is prayed that the applicant be released on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. She further submits that the applicant is having two previous criminal antecedents under the Excise Act, which are still pending, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that applicant is having two previous criminal antecedents under the Excise Act, which are still pending which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 16.200 bulk litres of country-made liquor, has been recovered from the possession of the applicant and also in light of the 3 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. 7. Accordingly, the bail application of applicant – Heena Dewar involved in Crime No.57/2026, registered at Police Station - Saraswati Nagar, District - Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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 Preeti