1 2025:CGHC:46218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6931 of 2025 Ishaq Shah S/o Rashid Shah Aged About 38 Years R/o Ward No. 1, Gram Saver, P.O. Saver Thana And Tah. Saver, Distt. Indore, M.P. --- Applicant versus State Of Chhattisgarh Through The Excise Sub-Inspector, Excise Circle, Bemetara, District Bemetara, C.G. --- Non-applicant Along with MCRC No. 7043 of 2025 Paijan Hussain Son Of Zakir Hussain Aged About 21 Years R/o Chandan Nagar, Indore District- Indore (M.P.) ---Applicant Versus State Of Chhattisgarh Through Excise Sub-Inspector, Excise Circle, Bemetara, District – Bemetara (C.G.) ---- Non-applicant For Applicants : Mr. Satya Prakash Verma, and Mr. Ajay Chandra, Advocates. For Non-applicants/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.09.2025 1. These are the Second bail applications 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. 140/2025 registered at Police Station – Excise Circle, Bemetara, District – Bemetara (C.G.) for the offence punishable under Sections 34(2), 59- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 A, 36 and 34(1)(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the Police of Police Station Excise Circle, Bemetara, District – Bemetara (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 total of 7020 liters of liquor from the possession of the present applicants, thereafter, the applicants were arrested by the Police and the crime was registered against the applicants. 3. Earlier the first bail applications of the applicants were rejected by this Court vide orders dated 18.03.2025 and 24.03.2025 passed in MCRC Nos. 2157/2025 and 2303/2025. 4. Learned counsel for the applicants submits that the applicants is innocent and has been falsely implicated in this case. It is further submitted that so far as the status of the trial is concerned, two of the prosecution witnesses namely, Santosh Ahirwar and Veena Bhandari are not appearing before the trial Court for recording their evidence, due to which the trial is still held up and the next date fixed for the trial Court is 22nd of September, 2025. The applicants are in jail since 07.02.2025 and the conclusion of this case will take a long time, hence, he prays for releasing the applicants on regular bail. 5. On the other hand, learned State counsel would oppose the bail application and perused the case diary and submits that the chargesheet has been filed before the trial Court, and a huge quantity of liquor i.e. 7020 bulk liters has been seized from the possession of the applicants, and on the same ground the first bail applications of the applicants were rejected by this Court. Therefore, these bail applications are 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 7020 liters of liquor has been found from the possession of the applicants and and on the same ground the first bail applications of the applicants were rejected by this Court, and the charge sheet has been filed in the present case, hence, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 8. So far as the status of the trial is concerned, as it is stated that two of the prosecution witnesses namely, Santosh Ahirwar and Veena Bhandari are not appearing before the trial Court for recording their evidence, the Commissioner of Excise Department, Chhattisgarh, is directed to assure the presence of the said two prosecution witnesses before the trial Court on the next date fixed i.e. 22nd of September, 2025, for recording their evidence. 9. Accordingly, the Second bail applications of the applicants – Ishaq Shah and Paijan Hussain filed under Section 483 of the BNSS, involved in Crime No. 140/2025 registered at Police Station – Excise Circle, Bemetara, District – Bemetara (C.G.) for the offence punishable under Sections 34(2), 59-A, 36 and 34(1)(A) of the Chhattisgarh Excise Act, is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and make efforts to conclude the trial expeditiously, preferably within a period of 03 months from the date of passing of this order, if there is no any legal impediment. 4 11. 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