1 2026:CGHC:2028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 424 of 2026 • Dharmendra @ Sonu Sariwan S/o Lakhanlal Sariwan, Aged About 42 Years R/o Village And Post- Gopalpur, P.S. Karanjiya, Tahsil Bajag, District Dindori (M.P.) ... Applicant versus • State Of Chhattisgarh Through (Police Station) Office Of Sub Inspector Excise Circle Kukdur District Kabirdham C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bhuvneshwar Singh Rajput, Advocate For Respondent/State : Mr. Priyank Rathi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/01/2026 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.22/2025 registered at Police Station- Kukdur, District - Kabirdham (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgah Excise Act. 2. The prosecution story as mentioned in bail rejection order is that on 08.02.2025, Inspector J.L. Shandilya of Kukdoor Police Station Kukdur along with Assistant Sub-Inspector Kumar Mangalam and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.15 11:20:44 +0530 2 Constable 59 Dujram, went on night patrol to investigate crimes in the countryside in the acquired government vehicle bearing registration No. CG-09 JP 9796. They alighted from the jeep at Chhuiha Tiraha and were waiting to check suspicious vehicles entering Chhattisgarh from Madhya Pradesh. At that time, a vehicle was seen descending from the hill. Upon noticing the police beacon on the jeep and the police personnel, the driver of the said vehicle reversed and attempted to go back up the hill road. On account of this suspicious behavior, the police pursued the said 4 kilometers and vehicle for approximately subsequently apprehended it. Upon conducting a lawful search of the vehicle, a total of 1950 bottles of quarter country liquor packed in 39 cartons, each containing 180 ml, totaling 351 bulk liters, along with the Bolero vehicle number CG 10- P-6651, were recovered and taken into police custody. Accused Piyush, Tulsi Kashyap and the vehicle owner, accused Lokhan Prasad Mahobiya, were arrested Land produced before the remand court. Since the applicant/accused Dharmendra alias Sonu had absconded, permission was obtained to continue the investigation under Section 193(9) of the IPC and a charge sheet was filed against the arrested accused, hence this bail application. 3. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the present case. He further submits that the co-accused, Tulsi Kashyap, who is similarly situated with respect to the allegations and the nature of the offence has been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.9808 of 2025, vide order dated 03.09.2025 and the second bail application of the co-accused namely Lokhan Prasad mahobia and third bail application of co-accused Piyush Kumar were allowed by 3 this Hon’ble Court vide order dated 17.10.2025 and 30.10.2025 respectively passed by this Hon’ble Court in MCRC No.8435 of 2025 and MCRC No.8612 of 2025, Copy of the same are annexed herewith as Annexure A-3(colly). 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that applicant is resident of the State of Madhya Pradesh and there are six previous criminal antecedent bearing crime No.586 of 2004 registered at police station Forest Department Thana for offence under Sections 26(1) D, C, Ch of the Indian Forest Act, 1927, in crime No.242 of 2020 registered at police station Forest Department Thana for offence under Sections 26(1) e,f of the Indian Forest Act, 1927, in crime No.361 of 2020 registered at police station Forest Department Thana for offence under Sections 26(1) E, F of the Indian Forest Act, 1927, in crime No.228 of 2021 registered at Police Station Karanjiya for offence under Section 3, 181, 5, 5, 180 of the MV Act, 1988, in crime No. 943 of 2021 registered at police station Forest Department Thana for offence under Sections 2(b), 2(c), 3(1), 7, 55(1), 56, 58, 59 and 61 of the Indian Forest Act, 1927 and in one RCT No.135 of 2022 registered at police station Forest Department Thana for offence under Sections 2, 26(1) e,f,g, 42, 52 of the Indian Forest Act, 1927 and offence under Section 2, 3, 5 of the Prevention of Damage to Public Property Act, 1984, and all cases are pending for their conclusion, it appears that applicant is a habitual offender and also he misused the liberty granted him earlier. Hence, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Taking into consideration the fact and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the applicant and further the quantity of contraband article seized i.e., 1950 bottles of quarter country liquor packed in 39 cartons, each containing 180 ml, totaling 351 bulk liters, which is much above the commercial quantity and applicant is having six previous criminal antecedent, and all are pending for their conclusion, it appears that applicant is a habitual offender and he misused the liberty granted him earlier, thus this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant namely Dharmendra @ Sonu Sariwan involved in Crime No.22/2025 registered at Police Station- Kukdur, District - Kabirdham (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgah 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali