1 CGHC010237732026 2026:CGHC:31183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6380 of 2026 Pappu Tamboli S/o Late Salik Ram Tamboli Aged About 34 Years R/o Paramhans Ward, Mungeli Police Station, District - Mungeli, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station City Kotwali Mungeli, District - Mungeli (C.G.) ... Non-Applicant For Applicant : Mr. Kulesh Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 126/2026 registered at Police Station – City Kotwali, Mungeli, District – Mungeli (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story, on 06.04.2026, Head Constable Baliram Dhruv received secret information from an informer that the applicant, namely Pappu Tamboli, a resident of Bada Bazar, was transporting a large quantity of illicit liquor from the Rehunta Liquor Distillery on a Platina motorcycle. Acting upon the said information, Head Constable Baliram Dhruv, along with Constable No. 234, other police personnel, independent PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 13:20:29 +0530 2 witnesses, and the necessary documents, proceeded to the vicinity of Kharraghat Bhairav Temple and laid a trap. During the operation, the applicant was spotted approaching on a Platina motorcycle without a registration number, carrying a white-coloured bag placed on the fuel tank of the motorcycle. He was intercepted and, upon being asked, disclosed his name as Pappu Tamboli. In the presence of the witnesses, the white- coloured bag was searched, and 41 quarter bottles (180 ml each) of "Sholay Plain Liquor", having a total quantity of 7.380 bulk litres and valued at Rs. 3,280/-, were recovered from his possession. Thereafter, the applicant was asked to produce any valid licence or document authorising the transportation of the seized liquor. The applicant failed to produce any such document. Consequently, a seizure memo and other requisite proceedings were prepared on the spot, and Crime No. 126/2026 was registered at Police Station City Kotwali, District Mungeli, for the offences punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act. After completion of the investigation, the police filed the charge-sheet before the Court of the Chief Judicial Magistrate. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been falsely implicated due to personal enmity. It is contended that the applicant's wife had lodged a complaint regarding the rape of her minor daughter at Police Station City Kotwali, Mungeli, however, the police failed to register the FIR. Thereafter, she made a complaint against the Station House Officer of Police Station City Kotwali, Mungeli, before the higher police authorities, including the Superintendent of Police, Mungeli. Aggrieved by the said complaint, the Station House Officer, with a mala fide intention, allegedly implicated the applicant in the present false case under the provisions of the Chhattisgarh Excise Act. 3 Learned counsel further submits that the applicant has nine previous criminal antecedents, out of which five cases have already been disposed of, while two cases under the Chhattisgarh Excise Act are still pending. The details of the criminal antecedents have been duly explained in Part-D of the present bail application. He further submits that the charge-sheet has already been filed, and the applicant has been in judicial custody since 07.04.2026. On these grounds, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant has two pending criminal cases under the Excise Act, which demonstrate that he is a habitual offender. It is, therefore, contended that, considering his criminal antecedents, the applicant is not entitled to be enlarged on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts of the case and further considering the fact that the applicant is having two previous criminal antecedents under the Excise Act, which shows that he is a habitual offender, and it cannot be said to be a case of false implication 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 cancelled the bail granted to the accused on the ground of previous criminal 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 the applicant – Pappu Tamboli, involved in Crime No. 126/2026 registered at Police Station – City Kotwali Mungeli, District – Mungeli (C.G.), for the offence punishable under 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti