Habitual offenders are ineligible for bail, especially when there are prior convictions under similar statutes.

... Respondent For Applicant : Mr. Achyut Tiwari, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board

20.05.2025

1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 180/2025, registered at Police Station- Excise Circle Ambikapur, District Surguja (C.G) for the offence punishable under Section 34(1)(a), 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. The prosecution story in brief, is that, as per the secret information received from the informant, the police officials conducted raid and have seized 58.5 bulk liters of country made liquor from the possession of the present applicant. Thereafter, the offence has been registered against the applicant.

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 applicant is having two previous criminal antecedents under the Excise Act, which are still pending. He also submits that under Sections 34(1)(a) & 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 12.03.2025 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 in the present case charge-sheet has been filed before the competent Court. He submits that the present applicant has two criminal antecedents under the Excise Act, which shows that the present applicant is a habitual offender and, 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 two criminal antecedents under the Excise Act, which shows that the present applicant 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 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 the applicant – Shivlal Ekka, involved in Crime No. 180/2025, registered at Police Station- Excise Circle Ambikapur, District Surguja (C.G) for the offence punishable under Sections 34(1)(a), 34(2) & 59(A) of the Chhattisgarh Excise Act, is rejected at this stage.