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2025 DAILYLAW 58310 (CHH)

AJAY SISODIYA v. STATE OF CHHATTISGARH

MCRC/8880/2025 · 2025-11-06

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Judgment text

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1 2025:CGHC:54352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8880 of 2025 Ajay Sisodiya S/o Krishna Kumar Sisodiya Aged About 30 Years R/o Pardhi Para, Bazar Chowk, Urla, Police Station- Urla, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Urla, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : None For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.16/2025, registered at Police Station Urla, District- Raipur ( C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution story in brief, is that, on the basis of the secret information on 20.01.2025, the police of Police Station Urla, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.07 17:02:09 +0530 2 District Raipur conducted raid at Shahid Nagar Birgaon and the present applicant was found to be in possession of 70 quarters country made plain liquor total 12.600 bulk liters. The police of Police Station - Urla, District Raipur (C.G.) registered FIR bearing Crime No. 16/2025 for the offence punishable under Section 34(2) of C.G. Excise Act and the present applicant was arrested. 3. From perusal of the bail application, it transpires that the applicant is languishing in jail since 20.01.2025 and though the charge- sheet has been filed, but the trial is likely to take some time for its conclusion. So far as criminal antecedents of the applicant are concerned, no explanation has been given in para 4(A) of the bail application with respect to the same and it is only mentioned therein that the applicant has some more criminal antecedents. 4. On the other hand, the learned counsel for the State opposes the bail application and submits applicant has 13 previous criminal antecedents registered against him pertaining to year 2016 to 2024 under the IPC, Arms act and BNS, which itself shows that applicant is a habitual offender, hence his bail application is liable to be rejected. 5. I have heard learned counsel for the respondent / State and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, quantity of liquor seized and the fact that the applicant is having 13 previous criminal antecedents registered against him, for 3 which, no explanation has been rendered in the bail application thus, 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, though the charge-sheet has been filed and applicant is languishing in jail since 20.01.2025, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Therefore, the bail application filed by the applicant/accused – Ajay Sisodiya involved in Crime No.16/2025, registered at Police Station Urla, District- Raipur (C.G.) for the offence punishable under Sections 34(2) of the C.G. 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek