Chattisgarh High Court
Mahaveer Gond vs State Of Chhattisgarh on 20 May, 2025
1
2025:CGHC:22166
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3953 of 2025
1 - Mahaveer Gond S/o Jagat Gond Aged About 40 Years R/o Sabariya Dera
Balauda, Police Station Gidhouri, District Balodabazar-Bhatapara (C.G.)
... Applicant
Versus
1 - State Of Chhattisgarh Through Station House Officer, Police Of Police Station
Gidhouri, District Balodabazar-Bhatapara (C.G.)
... Non-applicant
For Applicant : Mr. Ramsajiwan, Advocate
For Non-applicant : Mr. Hariom Rai, Panel Lawyer
SB : 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 B.N.S.S. for grant of regular bail, as he has been arrested in
connection with Crime No. 41/2025, registered at Police Station -
Gidhouri, District - Balodabazar - Bhatapara (C.G) for the offence
punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, as per the secret information
received from the informant, on the basis of such information, the
police officials conducted raid in the house of the applicant and have
SHUBHAM
DEY
Digitally
seized 50 liters of country made liquor (Mahua) from the possession
signed by
SHUBHAM
DEY
of the present applicant. Thereafter, the crime 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 02 criminal antecedents of which, both
cases are under the Excise Act which are still pending. He also
submits that under Sections 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 20.04.2025 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. She submits that the present applicant has 02 criminal
antecedents by which, both cases are under the Excise Act, which
shows that the present applicant is a habitual offender. 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 criminal antecedents
by which both cases are under the Excise Act, 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 - Mahaveer Gond, involved in Crime
No. 41/2025, registered at Police Station - Gidhouri, District -
Balodabazar - Bhatapara (C.G) for the offence punishable under
Section 34(2) of the Chhattisgarh Excise Act, is rejected at this
stage.
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
Dey
