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2026 DAILYLAW 33767 (CHH)

MANISH GUPTA v. STATE OF CHHATTISGARH

MCRC/7719/2026 · 2026-08-23

Transfer Petitionbody2026

Judgment text

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1 CGHC010324282026 2026:CGHC:37827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7719 of 2026 Manish Gupta S/o Late Naresh Gupta Aged About 20 Years R/o Rajiv Nagar, Police Station Basantpur, Tehsil And District Rajnandgaon, C.G. ... Applicant versus State of Chhattisgarh Through Station House O)cer, Police Station Basantpur, Tehsil and District Rajnandgaon C.G. ... Non-applicant For Applicant : Mr. Satyendra Srivas, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.08.2026 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. 293/2026, registered at Police Station- Basantpur, Tehsil and District Rajnandgaon, (C.G) for the o6ence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, as per the secret information received from the informant, on the basis of such information, the police o)cials conducted raid and have seized 5.400 bulk liters of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 country made liquor from the possession of the present applicant. Thereafter, the crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He further submits that it is an admitted fact that the present applicant has four criminal antecedents under the Excise Act, all of which are pending, and the same have been duly explained in Part- D of the bail application. He also submits that the applicant is languishing in jail since 19.06.2026, the charge-sheet has been submitted before the competent Court, and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant 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 charge-sheet has been >led before the competent Court. She also submits that the present applicant has 04 criminal antecedents of the similar nature which are pending, which shows that the present applicant is a habitual o6ender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case also considering the fact that the present applicant has four criminal antecedents under the Excise Act, all of which are pending, and the same have been duly explained in Part-D of the bail application, shows that the present applicant is a habitual o6ender 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 >t case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Manish Gupta, involved in Crime No. 293/2026, registered at Police Station- Basantpur, Tehsil and District Rajnandgaon, (C.G) for the o6ence punishable under 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. O)ce is directed to send a certi>ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan