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2026 DAILYLAW 18829 (CHH)

DURGESH UIKEY v. STATE OF CHHATTISGARH

MCRC/4497/2026 · 2026-05-12

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Judgment text

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1 2026:CGHC:22620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4497 of 2026 Durgesh Uikey S/o Late Gopal Singh Aged About 25 Years R/o B.S.U.P. Colony Police Station Urla Tahsil Raipur, District- Raipur (C.G.) (As Per Correct Details) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Urla District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Aishwarya Diwan, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2026 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 424/2025 registered at Police Station Urla, District – Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The earlier bail application of the applicant was rejected by this Court vide order dated 21.01.2026 passed in MCRC No. 769 of 2026 on the ground of the applicant’s criminal antecedents. 3. As per the prosecution case, on 02.11.2025, acting on the information ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.15 14:06:10 +0530 2 provided by the informant, the police authorities conducted a raid and seized a total of 5.760 bulk litres of country-made liquor from the possession of the applicant. Based on the aforesaid prosecution story, the present applicant has been alleged to have committed an offence under Section 34(2) of the C.G. Excise Act in connection with Crime No. 424/2025 registered at Police Station Urla, District Raipur (C.G.). 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that this is the second bail application filed on behalf of the applicant on the ground that he has been in custody for more than 06 months and that the trial has not commenced till date. Learned counsel also submits that, though the applicant has 12 criminal antecedents, the same have been duly explained in paragraph No. 4(a) of the present bail application. It is further submitted that the applicant is in judicial custody since 02.11.2025, and as the conclusion of the trial is likely to take considerable time, learned counsel prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the first bail application of the applicant was rejected on the ground of his criminal antecedents. It is further submitted that the applicant has multiple criminal antecedents under the Excise Act, out of which 08 cases are still pending against him. Therefore, considering his criminal history, the applicant is not entitled to be enlarged on bail in the present case. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, since the first bail application of the 3 applicant was rejected on the ground of applicant’s criminal antecedents, i.e., 08 cases under the Excise Act, which are still pending against him, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant - Durgesh Uikey, involved in Crime No. 424/2025 registered at Police Station Urla, District – Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce 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