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2026 DAILYLAW 26495 (CHH)

SHAILESH DEWANGAN v. STATE OF CHHATTISGARH

MCRC/4187/2026 · 2026-07-09

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Judgment text

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1 CGHC010179212026 2026:CGHC:28969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4187 of 2026 Shailesh Dewangan S/o Late Madanlal Dewangan Aged About 29 Years R/o Village Beriyar Chowk Champa Police Station Champa, District- Janjgir- Champa (C.G.) --- Applicant versus State Of Chhattisgarh Through District Magistrate District- Janjgir- Champa (C.G.) (Also Mentioned In The Impugned Order As State Of Chhattisgarh, Through P.S. Champa, District- Janjgir- Champa (C.G.) --- Respondent For Applicant : Ms. Pallavi Singh, Advocate For Respondent : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 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.158/2026, registered at Police of Police Station – Champa, Distt. Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story in brief, is that, on 13.04.2026, when the Sub Inspector, P.S. - Champa was on patrolling, he received a secret information from the informant regarding illicit liquor being in possession of the applicant. Based on this information, the police party 2 proceeded for the indicated place and seized total 27.900 bulk liters of hand made mahua liquor at the instance 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 has been falsely implicated in this case, as the illicit liquor has not been seized from the exclusive and conscious possession of the applicant. She further submits that the applicant is in detention since 13.04.2026 and trial is at verge of its completion. Therefore, she prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that 27.900 bulk liters of liquor has been recovered from the illegal possession of the applicant. It is also submitted that the applicant has six criminal antecedents under the Public Gambling Act and Excise Act, 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 six criminal antecedents under the Public Gambling Act & Excise Act, respectively and he is a habitual offender and at the instance of the applicant 27.900 bulk liters of Mahua liquor has been seized and the fact trial is on the verge of its completion; 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 3 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 – Shailesh Dewangan filed under Section 483 of BNSS, involved in Crime No.158/2026, registered at Police of Police Station – Champa, Distt. Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, is rejected. 8. 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 AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.13 15:56:36 +0530