2025:CGHC:31394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5277 of 2025 Hariom Kanoujiya S/o Rajendra Kanoujiya, Aged About 19 Years R/o Syahi, P.S.- Basantpur, District- Balrampur-Ramanujganj (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Basantpur, District- Balrampur-Ramanujganj (C.G.) ... Respondent For Applicant : Ms. Manisha Yadav, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.07.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.86/2024, registered at Police Station : Basantpur District – Balrampur-Ramanujganj (C.G) for the offence punishable under Section 34(2) & 36 of the C.G. Excise Act. 2. As per prosecution, according to the case diary, that on 04.06.2024, based on information received through an informer, the police of Police Station, Basantpur has alleged recovered 151.74 liters foreign liquor from a car Tata vista bearing registration No. CG-07-AL-5318 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.09 14:22:03 +0530 belonging to co-accused Pankaj Kanoujiya. According to the offence Under Section 34(2) & 36 of Excise Act has been registered and subsequently the applicant and co-accused have been arrested on 18.03.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the seizure witnesses namely Rajkumar PW-1 and Jegeshwar Ram PW-2 have been examined before the learned trial Court, who have not supported the case of prosecution and they specifically deposed that nothing has been seized from the possession of the applicant. The copy of the deposition sheets are collectively annexed herewith as Annexure – A/3 and he is in jail since 18.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non- applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. She further submits that the illegal liquor to sale and and police has seized total 151.74 liters foreign liquor from the possession of the applicant. As such, 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 fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has not been filed before the competent Court however, a huge quantity of foreign liquor, i.e. 151.74 bulk liters have seized from the possession of the applicant without any valid license and no plausible explanation has been offered in this regard, as such, without expressing any opinion on the merits of the case and no new ground has been raised and further looking to the seriousness of the allegations against the present applicant, this Court is of the considered opinion, that the second bail application of the applicant is entitled to be rejected. 7. Accordingly, the second bail application of the applicant namely, Hariom Kanoujiya, involved in Crime No.86/2024, registered at Police Station : Basantpur District – Balrampur-Ramanujganj (C.G) for the offence punishable under Section 34(2) & 36 of the C.G. Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 vaibhav