1 2026:CGHC:26677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3616 of 2026 Aasan @ Aasharam Kamaar S/o Bisru Kamaar Aged About 28 Years R/o Village Fuljhar, P/S Fingeshwar, District Gariyaband Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Fingeshwar, District Gariyaband Chhattisgarh ... Non-applicant For Applicant : Mr. Kishan Kumar Sonkar, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06.2026 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. 97/2026, registered at Police Station Fingeshwar, District – Gariyaband (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution's case, in brief, 8 bulk litres of Kachhi Mahua liquor were recovered from the possession of the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that no seizure has been made from the exclusive possession of the applicant. He further submits that ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.01 17:01:02 +0530 2 the applicant has two previous criminal antecedents. One case is registered under the Excise Act, and the other is under the IPC, for which explanations have already been furnished in Paragraph 4(a) of the present bail application. He also submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in judicial custody since 05.04.2026, and the conclusion of the trial is likely to take a considerable time. Therefore, he prays that the applicant be released 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, the charge-sheet has already been filed before the competent Court. She further submits that the applicant has 03 criminal antecedents, out of which two cases are registered under the Excise Act, which indicates that he is a habitual offender. Therefore, she contends that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 03 criminal antecedents, out of which two cases are registered under the Excise Act, which indicates that he 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 – Aasan @ Aasharam Kamaar, involved in Crime No. 97/2026, registered at Police Station 3 Fingeshwar, District – Gariyaband (C.G) for the offence punishable under Section 34(2) 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. Office 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 Abhishek