1 2025:CGHC:44997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7029 of 2025 Ishwar Singh Rathiya S/o Balakram Rathiya Aged About 45 Years R/o Village, Bagarsuta, P.S. Chhal, Distt. Raigarh, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Chhal, Distt. Raigarh, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Arvind Shrivastava, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.09.2025 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. 65/2025 registered at Police Station Chhal, Distt. Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that the Police of Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Chhal, Distt. Raigarh (C.G.) conducted raid and seized total 10 bulk liter of illicit liquor from the possession of the applicant, thereafter, alleged offence has been registered against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 22.05.2025, therefore this second bail application is filed on the ground that since two fo the prosecution witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 24.03.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has 2 criminal antecedents of the years 2019 and 2024 under the Excise Act, which are pending, as such, applicant is a habitual offender and his bail application is liable to be rejected. 5. I have heard learned counsel 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 applicant 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 3 application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 22.05.2025 in MCRC No. 4050 of 2025 on the ground that the applicant has 2 criminal antecedents under the Excise Act, which are pending against him, as such, applicant is a habitual offender, further there appears to be no good ground to entertain the present bail application, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the second bail application of the applicant-Ishwar Singh Rathiya, involved in Crime No. 65/2025 registered at Police Station Chhal, Distt. Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of C.G. Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil