1 2026:CGHC:18476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2313 of 2026 Sheikh Tau昀椀k S/o Shri Sheikh Harun Aged About 39 Years R/o Idgah Bhatha, Police Station Azad Chowk, Raipur, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Azad Chowk, Raipur, Distt Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-Applicant/State : Ms. Monika Singh Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2026 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.37/2026, registered at Police Station- Azad Chowk, Raipur, District- Raipur, (C.G) for ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 18:31:20 +0530 2 the o昀昀ence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, that on receiving a secret information from the informant, the police o昀케cials of Police Station Azad Chowk, Raipur conducted a search of the applicant along with co-accused Jhumesh Meshram. During the said search, a total of 5.580 bulk litres of country-made liquor along with cash amounting to Rs. 4,020/- was allegedly recovered and seized from the possession of the applicant and the co-accused on 13.02.2026. On the basis of the said incident, a report was lodged at Police Station Azad Chowk, Raipur, and Crime No. 37/2026 was registered in respect of the aforesaid occurrence. 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 further submits that the present applicant has 2 criminal antecedents which are pending. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three 3 years and the applicant is languishing in jail since 13.02.2026, the charge-sheet has not 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 the present applicant has 02 previous criminal antecedents, which shows that the present applicant is a habitual o昀昀ender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 02 previous criminal antecedents Act which are pending, shows that the present applicant is a habitual o昀昀ender 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 4 accused had previous antecedents, this Court is of the opinion that it is not a 昀椀t case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Sheikh Tau昀椀k, involved in Crime No. 37/2026, registered at Police Station- Azad Chowk Raipur, District- Raipur, (C.G) for the o昀昀ence 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昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan