1 2025:CGHC:43657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6086 of 2025 Pritesh Gupta @ Baba S/o Yogendra Gupta Aged About 31 Years Presently R/o Ward No. 10, Balodabazar, Police Station- Balodabazar, District Balodabazar-Bhatapara C.G. ... Applicant versus State Of Chhattisgarh Through The Police Station City Kotwali, District – Balodabazar-Bhatapara, C.G. ---- Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 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. 111/2025 registered at Police Station City Kotwali, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act and Section 111 of the BNS. 2. Case of the prosecution, in brief, is that the Police of Police Station City Kotwali, District – Balodabazar-Bhatapara (C.G.) received a secret information through the informant and on the basis of the said information, a raid was conducted and the Police has seized a RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 total of 900 liters of liquor from the possession of the present applicant, thereafter, the applicant was arrested by the Police and the crime was registered against the applicant. 3. Earlier the first bail application of the applicant was rejected by this Court vide order dated 24.03.2025 passed in MCRC No. 2316/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that he has filed order-sheet of the trial Court through covering memo, whereby vide order dated 24.05.2025 it is mentioned that charges under Section 111 of BNS was also added in the charge-sheet. It is further submitted that though it is stated that a total of 900 bulk liters of liquor has been found from his possession but the minimum punishment provided under Section 34(2) of C.G. Excise Act is 1 year RI, and the applicant has also undergone about 7 months in jail. The applicant is in jail since 29.01.2025 and the conclusion of this case will take a long time, hence, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel would oppose the bail application and perused the case diary and submits that there are 3 criminal antecedents of the applicant under the Excise Act and further the offence under Section 111 of BNS has also been added in the charge-sheet, to show that he has involved in an organized crime. Therefore, this bail application is also liable to be rejected. 3 6. I have heard learned counsel for the parties and perused all the documents available on record. 7. Considering the facts and circumstances of the case, and the fact that a huge quantity of liquor i.e. a total of 900 liters of liquor has been found from the possession of the applicant and there are 3 criminal antecedents of the applicant under the Excise Act and further the offence under Section 111 of BNS has also been added in the charge-sheet, to show that he has involved in an organized crime, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the Second bail application of the applicant – Pritesh Gupta @ Baba filed under Section 483 of the BNSS, involved in Crime No. 111/2025 registered at Police Station City Kotwali, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act and Section 111 of the BNS, 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. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar