2025:CGHC:47819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7491 of 2025 Babeeta Anchal W/o Raju Anchal Aged About 33 Years R/o Village- Kapsiya Kala, Ps.- Kota, District- Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kota, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Aman Pandey, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.09.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.210/2025, registered at Police Station : Kota District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Excise Act. 2. The earlier bail application of the applicant has been rejected on merits by this Hon’ble Court vide order dated 02.07.2025 passed in MCRC No. 2461 of 2025. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.18 11:37:20 +0530 3. The prosecution story in brief, is that the police has received information through informant is that on 11/03/2025, Babeeta has kept large quantity of handmade mahua liquor in courtyard in front of her house. Upon information, the police along with the staff went to spot and informed the applicant/accused and searched her house, upon searching 10 liters mahua liquor in two green jerry cans capacity five liter and 70 polythene total 35 mahua liquor in a white colour bag, total 45 liters from applicant possession has been seized then FIR has been registered offence U/s 34(2) of Excise Act against the applicant and she was arrested 4. The applicant is innocent and has been falsely implicated in the present case, as the prosecution witnesses have turned completely hostile and no ingredients of the alleged offence are made out against her, making the prosecution case baseless and frivolous. She has already spent over six months in custody, which has adversely affected the physical and mental health of her family and children, and continued detention would amount to pre-trial punishment since the charge-sheet has not yet been filed and trial is likely to take considerable time. The applicant is a permanent resident having all her movable and immovable properties at the address mentioned in the cause title, leaving no likelihood of her absconding or tampering with evidence, and she is willing to furnish adequate surety and abide by all conditions that may be imposed by this Hon’ble Court while granting bail, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. She further submits that from the possession of the present applicant 45 bulk liters mahua liquor was seized and she is also having 3 criminal antecedents of the same nature which are pending him, therefore he is not entitled for grant of regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and the fact that, in the present case, the charge-sheet has been filed before the competent Court, however, 45 bulk liters mahua liquor were seized from the possession of the applicant, and he also has three criminal antecedents of the same nature pending against him, as such, no new ground has been raised, and further, keeping in view the seriousness of the allegations against the applicant, this Court is of the considered opinion that the second bail application of the applicant is liable to be rejected. 8. Accordingly, the second bail application of the applicant namely, Babeeta Anchal, involved in Crime No.210/2025, registered at Police Station : Kota District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Excise Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav