Lalita Jangde vs State Of Chhattisgarh

Ramesh Sinha, CJ

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. 78/2026 registered at Police Station- Kota, District Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

Case of the prosecution, in brief, is that on 30.01.2026, as per secret information received from the informant that the present applicant has kept liquor for selling purposes in her courtyard, on the basis of such information, the concerned police conducted raid and have seized 156 liters of hand made liquor from the possession of the applicant and thereafter, the aforesaid offence was registered against her.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the liquor which has been seized from open place and not from the possession of the applicant. 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 under the Excise Act of the year 2023 and 2024, which are still pending, has been duly explained in the bail application of para No.4(A). He also submits that the applicant is in jail since 30.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.

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 however, the applicant has two criminal antecedents under the Excise Act of the year 2023 and 2024, which are still pending and the quantity of liquor seized from the possession of the applicant i.e. 156 liters of handmade liquor and she is a habitual offender. As such, she is not entitled for grant of bail.

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

Considering the facts and circumstances of the case, particularly the fact that the applicant has two criminal antecedents under the Excise Act for the years 2023 and 2024, which are still pending and further considering that 156 liters of handmade liquor being a huge quantity, has been seized from her possession, it appears that she is a habitual offender, moreover, she has misused the bail granted to her 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-Lalita Jangde filed under Section 483 of the BNSS, involved in Crime No. 78/2026 registered at Police Station- Kota, District Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected.

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

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