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2025 DAILYLAW 47398 (CHH)

RAJVIR SINGH YADAV v. STATE OF CHHATTISGARH

MCRC/8893/2025 · 2025-11-06

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Judgment text

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1 2025:CGHC:54376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8893 of 2025 Rajvir Singh Yadav S/o Ghanshyam Singh Yadav, Aged About 36 Years, R/o Sonchiriya Hotel K Pass Devpuram Colony- Shivpuri Police Station- City Kotwali- Shivpuri, District- Shivpuri (M.P.) ... Applicant versus State of Chhattisgarh Through The Station House Officer Of Excise Circle Bodla, District- Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. This is the second 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. 181/2025 registered at Police Station - Excise Circle Bodla, District- Kabirdham (C.G.), for the offence punishable under Sections 34(1)(A), 34(2), 59(A) and 36 of the Chhattisgarh Excise Act. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court on merits vide order dated 21.03.2025 passed in MCRC No. 2279 of 2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.10 17:42:01 +0530 2 3. The prosecution story in brief, is that, as per secret information received from the informant, on the basis of said information the Police conducted raid and have seized 4770 bulk liters of liquor from the possession of the applicant's vehicle of Eicher No. RJ 11/GC2927. Thereafter, the crime has been registered for an offence punishable under Sections 34(1)(A), 34(2), 59(A) and 36 of the Chhattisgarh Excise Act against the present applicant. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case. He further submitted that this is the second bail application filed on behalf of the present applicant on the ground that the trial is in progress, and out of six prosecution witnesses, three seizure witnesses have already been examined and have turned hostile. He also submitted that the applicant has been in jail since 12.02.2025, and the conclusion of the trial may take some time; therefore, he prays that regular bail be granted to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the order dated 21.03.2025, it is apparent that the first bail application of the applicant was rejected on the ground that a huge quantity of liquor, i.e. 4770 bulk liters of liquor was seized from the possession of the applicant without any valid licence and no plausible explanation has been offered in this regard. Furthermore, considering the above submissions, as the trial is in progress, and out of six prosecution witnesses, three seizure witnesses have already been examined and have turned hostile, and the same cannot be a ground for releasing the 3 applicant on bail as the same amounts to only tampering with the evidence, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the second bail application of the applicant -Rajvir Singh Yadav, involved in Crime No. 181/2025 registered at Police Station - Excise Circle Bodla, District- Kabirdham (C.G.), for the offence punishable under Sections 34(1)(A), 34(2), 59(A) and 36 of the Chhattisgarh Excise Act., is rejected. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously as possible preferably within a period of three months from the date of receipt of a certified copy of this order, if there is no legal impediment. 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 Preeti