Order on Board

15/01/2025

1. The matter has been listed in default which have been pointed out by the Registry.

2. The learned counsel for the applicant is directed to make necessary corrections in the bail application during the course of the day.

3. In view of the above the defect pointed out by the Registry is over ruled.

4. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 472/2024 registered at Police Station- Basna, District- Mahasamund (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

5. Case of the prosecution, in brief, is that as per secret information received from the informant, upon such information, the Police of Police Station-Basna, conducted raid and have seized 07 bulk liters of country made liquor from illegal possession of the applicant.Therefore, the aforesaid offence has registered against the applicant.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said liquor was not seized from the exclusive possession of the applicant. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He further submits that the applicant has four previous criminal antecedents, out of which two cases are under the Excise Act which are still pending and two cases are under the IPC and in the present case, charge- sheet has filed before the competent Court and the applicant is in jail since 17.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

7. On the other hand, learned Panel Lawyer, appearing for the State/non-

applicant opposes the bail application and submits the the fact that the applicant has four previous criminal antecedents, out of which two cases are under the Excise Act and two cases are under the IPC and in the present case, charge-sheet has been filed before the competent Court further, the quantity of liquor seized i.e. 07 bulk liters of country made liquor. As such the present applicant is not entitled for grant of bail.

8. I have heard learned counsel appearing for the parties and perused the case diary.

9. Considering the fact and circumstances of the case, the applicant has four criminal antecedents, out of which two cases are under the Excise Act which are still pending and two cases are under the IPC and he is a habitual offender and in the present case, charge-sheet has been filed before the competent Court, further he has misused the bail granted to him earlier and that the quantity of liquor seized i.e. 07 bulk liters of country made liquor and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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 fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Dhaneshwar Ratre involved in Crime No. 472/2024 registered at Police Station- Basna, District- Mahasamund (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected.

10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.