1 2025:CGHC:39489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6231 of 2025 1 - Akil Khan S/o Shri Sakur Khan Aged About 56 Years Ward No.07, Bhausar Mohalla, Pandhana, Police Station Pandhana, District Khandwa, Madhya Pradesh. 2 - Shekh Rauf S/o Shekh Nasir Aged About 55 Years R/o Ward No.40, Hatampura, Police Station Mohghat, District Khandwa, Madhya Pradesh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Of Police Station Chilfi, District : Kawardha (Kabirdham), Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Sanjeet Kumar Sahu, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 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 applicants who have been arrested in connection with Crime No. 07/2025 registered at Police Station Chilfi, District : Kawardha AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 (Kabirdham) (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 08.02.2025, as per secret information received form the informant, the Police of Police Station Chilfi, District : Kawardha (Kabirdham) (C.G.) seized 4500 bulk liters of illegal liquor from the joint possession of the applicants, which led to the registration of the alleged offence against the applicants and subsequently, they were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the first bail application of the applicants was rejected by this Court on merits vide order dated 13.05.2025 in MCRC No.3697 of 2025, therefore this second bail application is filed on the ground that though huge quantity of liquor has been recovered from the possession of the applicants, but the applicants have not criminal antecedent, so far as the status of trial is concerned, out of 15 prosecution witnesses, the statement of 2 witnesses have already been recorded and they have turned hostile before the trial Court, further charge-sheet has already been filed and the applicants are in jail since 08.02.2025, hence, he prays for releasing the applicants on regular bail. 4. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, though the charge- sheet has been filed, but huge quantity of liquor was seized from the joint possession of applicants i.e. 4500 bulk liters of liquor, therefore, they are not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as two of the witnesses have turned hostile, the same cannot be a ground for releasing the applicants on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicants and first bail application of the applicants was rejected by this Court vide order dated 13.05.2025 in MCRC No. 3697 of 2025 on the ground that huge quantity of liquor i.e. 4500 bulk liters of liquor was recovered from the joint possession of the applicants, but considering the fact that the applicants are in jail since 08.02.2025 and have no criminal antecedent, as such, this Court is of the view that the applicants are entitled to be released on bail in this case 8. Accordingly, the application is allowed. 9. Let the applicants - Akil Khan and Shekh Rauf, involved in Crime No. 07/2025 registered at Police Station Chilfi, District : Kawardha (Kabirdham) (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act, be released on bail on their furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are 4 present in court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial Court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil