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2026 DAILYLAW 38464 (CHH)

SOHAN RAJAK v. STATE OF CHHATTISGARH

MCRC/8743/2026 · 2026-09-30

Shri Rakesh Mohan Pandey

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010365512026 2026:CGHC:42738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8743 of 2026 Sohan Rajak S/o Santosh Rajak Aged About 25 Years R/o Village- Kunwa Police Station And Tahsil- Takhatpur District- Bilaspur (C.G.). ... Applicant versus State of Chhattisgarh Through- Circle Inspector, Excise, Circle Takhatpur, District- Bilaspur (C.G.). … Non-Applicant For Applicant : Ms. Priya Kaiwartya, Advocate For Non-Applicant : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 01/10/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who is in custody in connection with Crime No. 108/2026 registered at Police Station Excise Circle Takhatpur, District Bilaspur (C.G.) for offences punishable under Sections 34(1)(a), 34(2), 36, and 59(A) of the Chhattisgarh Excise Act, 1915. 2. The applicant’s first bail application was dismissed as withdrawn by this Court vide order dated 11.09.2026 passed in M.Cr.C. No. 8496 of 2026. 3. As per the case of the prosecution, on 05.08.2026, the Excise authorities, upon receiving secret information, conducted a raid and 2 recovered 7.2 bulk litres of illicit country-made liquor from the possession of the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. It is submitted that the applicant has been languishing in jail since 05.08.2026. It is further submitted that in the earlier criminal cases registered against him, he has either been acquitted or paid the fine, and he undertakes not to commit any similar offence if enlarged on bail. 5. On the other hand, learned counsel appearing for the State vehemently opposes the bail application and submits that the applicant has as many as 5 criminal antecedents, all under the Chhattisgarh Excise Act, spanning the years 2018, 2019, 2024, and 2025, including matters where he was convicted and sentenced to fine. It is further submitted that the first bail application was dismissed as withdrawn as recently as on 11.09.2026, and no substantial change in circumstances has been demonstrated. Therefore, the applicant does not deserve the discretion of regular bail. 6. I have heard learned counsel appearing for the parties, considered their rival submissions, and perused the case diary. 7. As per the documents placed on record by the State, the applicant has 5 criminal antecedents registered under the provisions of the Chhattisgarh Excise Act, 1915. The antecedents comprise one case registered in the year 2018 under Section 34(1)(a), which culminated in his acquittal; one case registered in the year 2019 under Section 34(1) (a), which is presently pending adjudication; one case registered in the year 2024 under Section 34(2), which is also pending; and two cases registered in the year 2025 under Section 36(F), in both of which he was convicted and fined. 8. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations, and the material collected by the 3 prosecution; particularly taking note of the fact that the applicant is a repeat offender having 5 criminal antecedents of identical nature under the Chhattisgarh Excise Act, wherein he has also suffered convictions; and further noting that his earlier bail application was dismissed as withdrawn on 11.09.2026 and no material change in circumstances has taken place since then, this Court is not inclined to grant regular bail to the applicant. 9. Accordingly, the present second bail application is rejected. Sd/- Rakesh Mohan Pandey JUDGE Nadim