1 CGHC010210712026 2026:CGHC:28677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5099 of 2026 Sanjay Kumar Kurrey S/o Tikamdas Kurrey Aged About 32 Years Resident Of Village Pachpapedi, Police Station Thelkadeeh, District Khairagarh- Chhuikhadan-Gandai, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Thelkadeeh, District – Khairagarh-Chhuikhadan-Gandai (C.G.) ---- Non-Applicant For Applicant : Mr. Dinesh Yadav, Advocate. For respondent/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 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.38/2026, registered at Police of Police Station – Thelkadeeh, District – Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story in brief, is that, a secret information received by the Police of Police Station – Thelkadeeh, District – Khairagarh- Chhuikhadan-Gandai (C.G.) through the informant and on the basis of such information, the police has seized a total of 5.400 liters of liquor from the illegal possession of the applicant. Thereafter, the applicant was arrested and the offence has been registered. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 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 been filed, he is in jail since 26.02.2026 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 5.400 liters of liquor has been recovered from the illegal possession of the applicant. It is also submitted that the applicant has 3 criminal antecedents out of which 2 are under the Excise Act which are still pending, and the charge-sheet has 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 the applicant has 3 criminal antecedents out of which 2 are under the Excise Act which are still pending, and he is a habitual offender, further he has misused the bail granted to him earlier, and from the possession of the applicant 5.400 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 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 – Sanjay Kumar Kurrey filed under Section 483 of BNSS, involved in Crime No.38/2026, registered at Police of Police Station – Thelkadeeh, 3 District – Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Section 34(2) 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