Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:44305
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6871 of 2025 Shekhar Singh S/o Ishwari Singh Aged About 21 Years R/o Village Mudbhadur, Out Post Jalbandha, Tahsil Khairagarh, District Khairagarh- Chhuikhadan- Gandai, Chhattisgarh
.. Applicant versus State of Chhattisgarh Through Station House Officer, Out Post Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2025
1. This is the Third 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. 47/2025 registered at Police Station Khairagar, District Khairagarh-Chhuikhadan-Gandai (C.G.), for the offences punishable under Sections 34(2) and Section 42 of the Chhattisgarh Excise Act. 2. The earlier two bail application of the present applicant were rejected on merits vide orders dated 22.04.2025 and 12.06.2025, in MCRC No(s). ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.02 11:29:53 +0530
2 3027 of 2025 and 4239 of 2025. 3. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Khairagarh, Distirct Khairagarh Chhuikhadan Gandai (C.G.) seized 101.700 bulk liters of foreign liquor from the possession of co-accused persons and from their memorandum statement, the name of present applicant has come into light, thereafter, aforementioned offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that this third bail application of the present applicant has been preferred on the ground that the seizure witnesses have been examined and have turned hostile. He also submits that the present applicant has no criminal antecedents and he is in jail since 05.02.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the third bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7.
Considering the above submissions, as the seizure witnesses have been 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 third bail application of the applicant - Shekhar Singh, involved in Crime No. 47/2025 registered at Police Station Khairagar,
3 District Khairagarh-Chhuikhadan-Gandai (C.G.), for the offences punishable under Sections 34(2) and Section 42 of the Chhattisgarh Excise Act, is rejected. 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 Abhishek