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2025 DAILYLAW 29639 (CHH)

GOURANGO MIRDHA v. STATE OF CHHATTISGARH

MCRC/4997/2025 · 2025-06-29

body2025

Judgment text

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1 2025:CGHC:29161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4997 of 2025 Gourango Mirdha S/o Dhaniram Mirdha Aged About 65 Years R/o Village Savitripur, P.S. Sankra, District Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Excise Circle Sankra, District Mahasamund (C.G.) ... Non-applicant For Applicant : None. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06.2025 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 22.05.2025. 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 483 of B.N.S.S. for grant of regular bail, as he has been arrested in ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.01 10:57:44 +0530 2 connection with Crime No. 67/2025, registered at Police Station Excise Circle Sankra, Mahasamund, District – Mahasamund (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 4. The prosecution story in brief, is that the police of Police Station Excise Circle Sankra, Mahasamund, District – Mahasamund received a secret information and on the basis of the said information conducted a raid and seized 33 bulk liters of country made kachchi mahua liquor from the house of the applicant. Thereafter, the crime has been registered against the applicant. 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. She submits that the present applicant has 03 criminal antecedents of the similar nature, which shows that the present applicant is a habitual offender. As such, he is not entitled for grant of bail. 6. I have heard learned State counsel and perused the case diary. 7. Considering the facts and circumstances of the case also considering the fact that the applicant has 03 criminal antecedents of the similar nature, 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, 3 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 – Gourango Mirdha, involved in Crime No. 67/2025, registered at Police Station Excise Circle Sankra, Mahasamund, District – Mahasamund (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 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. Sd/- (Ramesh Sinha) Chief Justice Abhishek