Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31720
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5300 of 2025 Gaurav Vishwakarma S/o Dev Sharan Vishwakarma Aged About 37 Years R/o Madna Depo Ps - Gaurela and Tahsil Pendra Road Distt - Gaurela-Pendra-Marwahi, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through P.S. Gaurela District - Gaurela-Pendra- Marwahi, Chhattisgarh.
... Non-applicant For Applicant : Mr. Manoj Paranjpe, Advocate along with Mr. Vijay Shankar Mishra, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 09.07.2025
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. 81/2025 registered at Police Station Gaurela District – Gaurela- Pendra-Marwahi, (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act.
2. The earlier bail application of the applicant has been rejected by this Court vide order dated 08.05.2025 passed in MCRC No. 2941 of 2025 on merit. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
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3. As per prosecution story on 29.03.2024, Police of Police Station Gaurela District - Gaurela-Pendra-Marwahi, seized 187 liters of illicit liquor from illegal possession of the applicant, thereafter, the applicant was arrested under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act.
4.
Learned counsel for the applicant submits that, the first bail application of the applicant was rejected by this Court on merit with a direction to conclude the trial expeditiously. He further submits that out of 15 witnesses, 02 witnesses have been examined and have turned hostile. He also submits that the applicant is in jail since 30.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.
5. On the other hand, learned State counsel opposes the second bail application of the present applicant.
6. I have heard learned counsel appearing for the parties and perused the case diary.
7. Considering the above submissions, as 02 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 - Gaurav Vishwakarma, involved in Crime No. 81/2025 registered at Police Station Gaurela District – Gaurela-Pendra-Marwahi, (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected.
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9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
10. Office 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