1 2026:CGHC:20217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2696 of 2026 Kisun Lal Chouhan S/o Nandlal Aged About 29 Years R/o College Road Jhabar Dipka Thana Dipka District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Dipka District Korba (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 07/2026 registered at Police Station- Dipka, District Korba (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 04.01.2026, as per secret information received from the informant that the present applicant has kept liquor for selling purposes in his house, on the basis of such information, the concerned police conducted raid and have seized 06 liters of Mahua Liquor and Rs. 150/- cash from the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 possession of the applicant and thereafter, the aforesaid offence was registered against him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and in the present case, charge-sheet has been filed before the competent Court and the applicant has two criminal antecedents of similar nature which are still pending as the same has been explained in the bail application of para No.4(A). He also submits that the applicant is in jail since 04.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and so far as the criminal antecedents of the applicant are concerned, the applicant has two criminal antecedents of similar nature which are still pending as the same has been explained in the bail application of para No.4(A) and he is a habitual offender and further the quantity of liquor seized from the possession of the applicant i.e. 06 liters of mahua liquor along with cash of Rs. 150/-. 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 that the 3 applicant has two criminal antecedents of similar nature which are still pending as the same has been explained in the bail application of para No.4(A) and he is a habitual offender and further the quantity of liquor seized from the possession of the applicant i.e. 06 liters of mahua liquor along with cash of Rs. 150/-, further he has misused the bail granted to him earlier 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 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 is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant-Kisun Lal Chouhan, filed under Section 483 of the BNSS, involved in Crime No. 07/2026 registered at Police Station- Dipka, District Korba (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Kunal