1 2025:CGHC:23451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4239 of 2025 Shekhar Singh S/o Ishwari Singh Aged About 21 Years R/o Village Mudbhadur, Out Post Jalbandha, Tahsil Khairagarh, District Khairagarh, Chhuikhadan Gandai Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Out Post Jalbandha, Police Station Khairagarh, Distirct Khairagarh Chhuikhadan Gandai Chhattisgarh (As Per Final Report) ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025 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. 47/2025 registered at Police Station Khairagarh, Distirct Khairagarh Chhuikhadan Gandai (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 34(2) and 42 of C.G. Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Khairagarh, Distirct Khairagarh Chhuikhadan Gandai (C.G.) seized 101.700 bulk liters of foreign liquor from the possession of co-accused persons and from their memorandum statement, the name of present applicant has come into light, thereafter, aforementioned 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 22.04.2025, therefore this second bail application is filed on the ground that out of 10 witnesses, the statement of 5 witnesses have already been recorded and the material witnesses have turned hostile before the learned trial Court. He also submits that only on the basis of memorandum statement of co-accused persons, present applicant has been made an accused, charge- sheet has already been filed in the present case and the applicant is in jail since 28.03.2025, 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 in the present case, charge-sheet has already been filed before the competent Court and the quantity of liquor seized from the joint possession of applicant and other co- accused persons i.e. 101.700 bulk liters of illicit liquor, therefore, he 3 is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by learned counsel for the parties, as the seizure witnesses have turned hostile, the 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 22.04.2025 in MCRC No. 3027 of 2025 on the ground that huge quantity of liquor has been seized from the joint possession of applicant and other co- accused persons i.e. 101.700 bulk liters of illicit liquor without any valid licence and no plausible explanation has been offered regarding the same and the ground of name of the applicant has come into light from the memorandum statement of the co-accused persons has already been considered at the time first bail application, there appears to be no good ground in this second bail application. 8. Accordingly, the second bail application of the applicant- Shekhar Singh, involved in Crime No. 47/2025 registered at Police Station Khairagarh, Distirct Khairagarh Chhuikhadan Gandai (C.G.) for the offence punishable under Sections 34(2) and 42 of C.G. Excise Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to 4 proceed and conclude the trial expeditiously. 10. Office 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