2026:CGHC:19635 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3834 of 2026 Madan Ogare S/o Vijay Shankar Aged About 38 Years R/o Village- Gadakusmi, Police Station Gidhpuri District- Balodabazar-Bhatapara (C.G.) ...Applicant versus State Of Chhattisgarh. Through - The Station House Officer, Police Of Police Station Gidhpuri, District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Mr. Yogesh Kumar Chandra, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2026 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. 19/2026, registered at Police Station - Gidhpuri District- Balodabazar-Bhatapara (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.28 16:29:50 +0530 2. The prosecution story in brief, is that on 12-02-2026, on the basis of secrete information received from the informer the police has conducted the raid and found total 27 bulk liter Deshi Masala liquor from the joint possession of present applicant and one another co-accused person, who were travelling in the one motorcycle. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. It is further submitted the alleged seizure memo has been wrongly and falsely prepared by the police with the intent to rope the applicant into a false criminal case, and the applicant maintains that he has not acted in the manner alleged by the prosecution and is hopeful of acquittal. The applicant has been in custody since 12.02.2026, and the trial is likely to take considerable time to conclude; therefore, considering the period of detention, this Hon’ble Court may kindly consider granting bail to the applicant. The applicant seeks liberty to raise additional grounds at the time of hearing, if necessary. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding. The applicant is ready to furnish adequate surety and undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that, in the present case, the charge sheet has already been filed before the competent Court. It is further submitted that the applicant has 13 criminal antecedents, namely: Crime No. 12/2007 under Section 34(a); Crime No. 276/2007 under Section 36(c); Crime No. 121/2008 under Sections 107 and 116(3); Crime No. 531/2011 under Sections 107 and 116(3); Crime No. 337/2012 under Section 34(2); Crime No. 170/2016 under Section 36(c); Crime No. 140/2017 under Section 34(2); Crime No. 90/2021 under Section 13 of the Gambling Act; Crime No. 23/2022 under Section 36(c) of the Excise Act; Crime No. 74/2024 under Section 34(2); Crime No. 05/2024 under Section 129 of the BNSS; and Crime No. 354/2024 under Sections 34(2) and 36 of the C.G. Excise Act, which are still pending before the trial Court. Learned State Counsel contends that the pendency of the aforesaid cases indicates that the applicant is a habitual offender and, therefore, he does not deserve to be enlarged on bail. 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 that 13 cases are pending against the applicant, out of which 8 cases are 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 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 – Madan Ogare, involved in Crime No. 19/2026, registered at Police Station - Gidhpuri District- Balodabazar-Bhatapara (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav