CGHC010266842026 2026:CGHC:32714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6515 of 2026 Ravi Shende S/o Dhaniram Shende Aged About 29 Years R/o Bhim Nagar Ward No. 09, Dongargarh, District Rajnandgaon Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Dongargarh, District Rajnandgaon Chhattisgarh ... Respondent For Applicant : Ms. Jyoti Kaushik, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07.2026 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.249/2026, registered at Police Station - Dongargarh, District Rajnandgaon (C.G) for the offence punishable under Section 34 (2) of the Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.30 12:18:50 +0530 2. The case of the prosecution, in brief, is that on 09/04/2026, some information being received to the Police Station that the present applicant along with other accused person possessed illicit Liquor. On that the Police Officers raided on the spot where the other accused person was kept the illicit liquor of more than 05 liter i.e. 8.100 liter was seized from the other accused person, thereafter, police officer has registered an offence punishable under section 34 (2) of C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is submitted that the alleged liquor was neither seized from the applicant nor was it in his exclusive or conscious possession, and there is no allegation or material to show that the applicant possessed, transported or sold the said liquor. It is further submitted that the alleged seizure was made from an open place, which was accessible to others, and therefore, the applicant cannot be held responsible for the alleged recovery. Learned counsel further submits that there is no allegation that the liquor posed any risk to human life. The applicant is the sole bread earner of his family and has small children to support. Although the applicant has three criminal antecedents, all of them have already been disposed of by the concerned Court. The applicant has been in judicial custody since 09.05.2026, and therefore, considering the period of custody and the facts and circumstances of the case, he deserves to be enlarged on regular bail. 4. Learned State Counsel opposes the bail application and submits that, as per the case diary, the applicant has nine previous criminal cases under the Excise Act, namely Crime Nos. 254/2018, 311/2018, 440/2018, 577/2018, 468/2019, 79/2022, 33/2023, 609/2023 and 175/2023, involving offences under Sections 34(1), 34(2) and 34(A) of the Excise Act. It is contended that the repeated involvement of the applicant in similar offences shows his propensity to indulge in such activities and prima facie indicates that he is a habitual offender. Learned State Counsel further submits that, although the charge-sheet has been filed, the applicant is not entitled to bail in view of his criminal antecedents and the likelihood of his repeating a similar offence if released. Accordingly, rejection of the bail application is prayed for. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and also taking into account the fact that nine cases are pending against the applicant under the Excise Act, which clearly indicates that the applicant is a habitual offender, and further, in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, (2022) 8 SCC 559, wherein the Hon’ble Supreme Court cancelled the bail granted to the accused on the ground of having previous criminal antecedents, this Court is of the considered opinion that the present case does not warrant the grant of regular bail to the applicant. 7. Accordingly, the bail application of the applicant – Ravi Shende, involved in with Crime No.249/2026, registered at Police Station - Dongargarh, District Rajnandgaon (C.G) for the offence punishable under Section 34 (2) of the Excise Act, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaibhav