The presence of previous criminal antecedents under the Excise Act justifies the denial of bail, establishing the applicant as a habitual offender.

Order on Board

13.05.2025

1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out.

2. It transpires from the record that the applicant is in jail since 16.04.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel.

3. The applicant has preferred this First Bail Application under Section of B.N.S.S. for grant of regular bail, as she has been arrested in connection with Crime No. 13/2025, registered at Police Station Excise Circle Takhatpur, District – Bilaspur (C.G) for the offence punishable under Section 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.

4. It transpires from the record that on 16.04.2025 during paroling the police officials received the secret information from the informant, based on the information the police officials conducted raid and said to have seized 15 bulk liters of country made liquor from the possession of the present applicant. Thereafter, the crime has been registered against the applicant. It has also been mentioned in paragraph 4-A of the bail application that three cases of Excise Act have been registered against her other than the present case.

5. Learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He submits that the present applicant has three criminal antecedents under the Excise Act, which shows that the present applicant is a habitual offender. As such, she is not entitled for grant of bail.

6. I have heard learned counsel for the non-applicant and perused the case diary.

7. Considering the facts and circumstances of the case also considering the fact that the applicant has three criminal antecedents under the Excise Act which shows that she is a habitual offender 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 has 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 the applicant – Bhagwati Verma, involved in Crime No. 13/2025, registered at Police Station Excise Circle Takhatpur, District – Bilaspur (C.G) for the offence punishable under Section 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act., is rejected at this stage.

8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.

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