1 2025:CGHC:15661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2641 of 2025 Prajjwal Santwani S/o Rajesh Santwani Aged About 24 Years (Mentioned In The Order Sheet As 27 Years), R/o Kabir Nagar, H. No. L.I.G. - 222, P.S.- Kabir Nagar, Dist.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Excise Circle- Tatibandh, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. M.P.S. Bhatia, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.04.2025 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 has been arrested in connection with Crime No. 200/2024 registered at Police Station Excise Circle- Tatibandh, District- Raipur (C.G.) for the offence punishable under Sections AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 34(2) and 59(A) of the Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Excise Circle- Tatibandh, District- Raipur seized 25 Simba Strong Beer Bottles and 36 Quarters of Besto Rare Whiskey totaling to 22.73 bulk liters seized from the possession of applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 24.01.2025, therefore this second bail application is filed on the ground that since the two of the witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 29.11.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has 3 criminal antecedents under the Excise Act, which shows that applicant is a habitual offender, as such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as some of the witnesses have turned hostile, the 3 same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 24.01.2025 in MCRC No. 8906 of 2024 on the ground that applicant has 3 criminal antecedents under the Excise Act, out of which, two cases are still pending against him, which shows that he is a habitual offender, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Prajjwal Santwani, involved in Crime No. 200/2024 registered at Police Station Excise Circle- Tatibandh, District- Raipur (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Excise Act, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil