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2025 DAILYLAW 31016 (CHH)

YOGESH MEENA v. STATE OF CHHATTISGARH

MCRC/5036/2025 · 2025-06-30

body2025

Judgment text

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1 2025:CGHC:29564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5036 of 2025 Yogesh Meena S/o Dharam Singh Meena Aged About 26 Years R/o Village Manora, P.S. Harangaon, Tahsil Khategaon, District Dewas (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Berla, Police Station Berla, District Bemetara Chhattisgarh. ... Respondent For Applicant : Shri Sudhir Verma, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL and Shri Jitendra Shrivastava, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 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. 29/2025 registered at Police Station, Berla, District Bemetara GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 11:51:39 +0530 2 Chhattisgarh for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, 1915. 2. Case of the prosecution, in brief, is that as per information of Mukhbir the prosecution has seized from Aayser truck model 3118 No.CG-04PU-9647, 446 Pety Goa whisky, 50-50 quarter total 22,300 quarter and 50-50 quarter total 500 quarter. Thus 22,300 + 500 = 22,800 quarter English Goa Whisky has been seized in 05 white plastic bag total 4104 litre and also arrested the applicant with one co-accused Anil Verma. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court vide order dated 22/04/2025 in MCRC No.3057/2025, therefore this second bail application is filed on the ground that four prosecution witnesses have been examined, they have denied the prosecution case that the applicant was driving the truck, further the charge-sheet has already been filed in the present case, the applicant is in jail since 06/02/2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the 3 applicant was rejected by this Court vide order dated 22/04/2025 in MCRC No.3057/2025. New ground which has been raised in this second bail application is that four prosecution witnesses have been examined, they have denied the prosecution case that the applicant was driving the truck, which cannot be a ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant-Yogesh Meena, involved in Crime No.29/2025 registered at Police Station, Berla, District Bemetara Chhattisgarh for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, 1915 is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri