Chhattisgarh High Court

The High Court rejected the second bail application for a repeat offender in a large-scale liquor seizure case.

DHARMENDRA @ SONU SARIWAN vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 28, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant filed a second bail application under Section 483 of the B.N.S.S. after his first application was rejected on merits on 13.01.2026.

Source reference: p. 1-2

The prosecution alleged that on 08.02.2025, police intercepted a vehicle entering Chhattisgarh from Madhya Pradesh after a chase.

Source reference: p. 2

The search yielded 351 bulk liters of country liquor.

Source reference: p. 2

While three co-accused were arrested immediately, the applicant absconded and was subsequently arrested on 18.11.2025.

Source reference: p. 2

The applicant sought bail on the grounds of parity with co-accused who were granted bail by the Supreme Court and High Court, and because key witnesses had turned hostile.

Source reference: p. 3

The State opposed the bail, citing the applicant's status as a habitual offender with six previous criminal involvements under the Indian Forest Act, MV Act, and Prevention of Damage to Public Property Act.

Source reference: p. 3-4
02

Issues

1. Whether the applicant is entitled to regular bail under Section 483 of the B.N.S.S. despite the rejection of a previous bail application on merits and the existence of six criminal antecedents.

Source reference: para. 7
03

Law Applied

Section 34(2) of the C.G. Excise Act, which governs the unlawful possession and transport of liquor.

Source reference: para. 1, 8

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) regarding the High Court's power to grant bail.

Source reference: para. 1

Principle of parity in bail matters.

Source reference: para. 4

Impact of criminal antecedents/habitual offending on the discretionary power to grant bail.

Source reference: para. 5
04

Reasoning

The court engaged in a balancing test between the applicant’s arguments for parity and the State’s evidence of recidivism.

Source reference: para. 4, 5

The Court emphasized the "nature and gravity of the offence" and the applicant’s status as a "habitual offender".

Source reference: para. 5, 7

The Court noted that the previous bail application had already been rejected on merits quite recently (January 2026), and the applicant failed to raise any "new ground" to justify a departure from the earlier reaching.

Source reference: para. 7

The existence of six pending criminal cases significantly weighed against the applicant, leading the court to determine that the seriousness of the allegations outweighed the grounds for release.

Source reference: para. 7
05

Holding

The Court answered the issue in the negative and rejected the second bail application.

The Court held that given the criminal history and the lack of new grounds, the applicant did not deserve the liberty of bail.

Source reference: para. 7

The Trial Court was directed to conclude the trial expeditiously.

Source reference: para. 9
Chhattisgarh High Court

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DHARMENDRA @ SONU SARIWANvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 28, 2026

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