1 2025:CGHC:23407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4097 of 2025 Dinesh Gupta S/o Late Suresh Gupta Aged About 33 Years R/o Badi Bazar Chirmiri, P.S.- Bada Bazar Chirmiri, Distt.- M.C.B. (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through PS Kota, District Bilaspur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Sajal Kumar Gupta, Advocate. For Respondent(s) : Mr. Bharat Gulbani, 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. 98/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) 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 Kota, District Bilaspur (C.G.) seized 144 bulk liters of English Goa Whisky liquor from the possession of the applicant, thereafter, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 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 17.03.2025, therefore this second bail application is filed on the ground that the seizure 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 03.02.2025, 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 possession of the applicant i.e. 144 bulk liters English Goa Whiskey of liquor, further bail application of two of the co-accused persons have already been rejected by this Court vide orders dated 17.03.2025 and 07.03.2025 in MCRC Nos.2076/2025 and 1889/2025, therefore, he 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 material 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. 3 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 17.03.2025 in MCRC No. 2076 of 2025 on the ground that huge quantity of liquor has been seized from the possession of applicant i.e. 144 bulk liters of English Goa Whiskey liquor without any valid licence and no plausible explanation has been offered regarding the same, further bail application of two of the co-accused persons have already been rejected by this Court vide orders dated 17.03.2025 and 07.03.2025 in MCRC Nos.2076/2025 and 1889/2025, there appears to be no good ground in this second bail application. 8. Accordingly, the second bail application of the applicant- Dinesh Gupta, involved in Crime No. 98/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of C.G. Excise Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to 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