1 2025:CGHC:47824 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7464 of 2025 Zakir Hussain S/o Mohammed Hussain Aged About 46 Years R/o 635, Ward No.07, Indore Road, Saver Indore, District : Indore, Madhya Pradesh ... Applicant(s) versus State Of Chhattisgarh Through The Excise Sub-Inspector, State Level Flying Squad, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Amit Buxy, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.09.2025 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. 398/2025 registered at Police Station State Level Flying Squad, Raipur, District : Raipur (C.G.) for the offence punishable under Section 34(2), 59(A) & 36 of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 07.02.2025, the State AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Level Flying Squad, Raipur (C.G.) received a tip-off about illegal transportation of liquor on the Raipur–Simga National Highway-130. Acting on this information and after completing necessary formalities, the squad reached near Taj Dhaba, where they intercepted a Tata LPT vehicle bearing registration No. WB-25-K- 8424. Upon inspection, they recovered 775 boxes of Goa whisky, amounting to 6,975 bulk litres. The applicant was arrested on the same day, and Crime No. 398/2025 was registered for offences punishable under Sections 34(2), 59(A), and 36 of the Excise Act. Hence, the second 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 19.03.2025, therefore this second bail application is filed on the ground that since the prosecution witnesses have turned hostile before the learned trial Court and the statement of the Investigating Officer is yet to be recorded. However, it appears that the prosecution has filed an application seeking to examine two constables who are not the witnesses in the charge-sheet only to delay the trial, the applicant is in jail since 07.02.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 6,975 bulk liters of liquor. Hence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the above submissions made by the learned counsel for the parties, as the prosecution 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 application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 19.03.2025 in MCRC No. 2190 of 2025 on the ground that huge quantity of liquor totaling 6,975 bulk liter of liquor was seized from the possession of the applicant without any valid licence and no explanation has been offered in this regard, further the ground taken by the applicant that the prosecution has filed an application seeking to examine two constables who are not the witnesses in the charge-sheet to delay the trial does not appear to constitute a valid or justifiable ground to entertain the second bail application, there appears to be no good ground, the trial is in progress. 8. Accordingly, the second bail application of the applicant- Zakir Hussain, involved in Crime No. 398/2025 registered at Police Station State Level Flying Squad, Raipur, District : Raipur (C.G.) for the offence punishable under Section 34(2), 59(A) & 36 of C.G. Excise Act, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of three months from the date of receipt of 4 this order in accordance with law, if there is no legal impediment. 10. 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