1 2025:CGHC:19986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3374 of 2025 Leeladhar Dhruv S/o Nikhar Dhruv Aged About 50 Years R/o Village- Kendri, Police Station- Abhanpur, Tahsil- Abhanpur, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Abhanpur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.05.2025 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. 318/2024 registered at Police Station Abhanpur, 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 has been rejected by this Hon’ble Court vide order dated 21.10.2024 passed in MCRC No. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 7295 of 2024 on the ground that the applicant has 02 criminal antecedents under the Excise Act. 3. As per prosecution story on 13.09.2024, Police of Police Station Abhanpur, District Raipur, seized 7.200 liters of illicit liquor from illegal possession of the applicant, thereafter, the applicant was arrested under Section 34(2) of the Chhattisgarh Excise Act. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, on the grounds that 02 independent witnesses have been examined and have turned hostile. He also submits that the applicant is in jail since 13.09.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant and submits that the applicant has 02 criminal antecedents under the Excise Act pending against him, therefore, he is not entitled for grant of regular bai. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as 02 independent witnesses have been examined and have turned hostile, the same cannot be a ground for releasing the applicant on bail, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant - Leeladhar Dhruv, involved in Crime No. 318/2024 registered at 3 Police Station Abhanpur, 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 Rahul Dewangan