1 2025:CGHC:51195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8205 of 2025 Tejraj Rathore S/o Shri Poshan Rathore Aged About 45 Years R/o Sivni Police Station Jaithari, District- Anuppur (MP) (Wrongly Mentioned In Impugned Order As District- Anuppur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Gaurella, District- Gaurella - Pendra- Marwahi (C.G.) ... Respondent For Applicant : Ms. Neeta Tulsani Thawani, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/10/2025 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.81/2025 registered at Police Station Gaurella, Distt. Gaurella- Pendra-Marwahi (CG) for the offence punishable under Sections GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.15 14:34:16 +0530 2 34(2) & 59(A) of Excise Act. 2. Case of the prosecution, in brief, is that on 29.3.2025 the police party acting on the secret information intercepted a car bearing registration No. CG 12 BC 9212 in which three persons namely the applicant Tejraj Rathore, Shailendra Rathore and Pradeep Rathore were traveling. On search being made, total 22 cartons were recovered from the car which contained total 187.020 bulk liters of english liquor worth Rs.1 lac. The police seized the said liquor, the car and mobile phones of the accused persons. After completion of investigation charge sheet has been filed before the concerned jurisdictional Magistrate under Sections 34(2) & 59(A) of the Excise Act. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application was rejected by this Court on merits on 02/07/2025 vide MCRC No.5106/2025. She would submit that no recovery was made from the possession of the applicant and two seizure witnesses have turned hostile. She would further submit that charge-sheet has already been filed in the present case, the applicant is in jail since 29/03/2025 and the conclusion of trial is likely to take some time, therefore, she prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. She would submit that first bail application of the applicant was rejected on merits on 02/07/2025 vide MCRC 3 No.5106/2025. She would submit that second bail application of the co-accused namely Gaurav Vishwakarma has been rejected by this Court on 09/07/2025 vide MCRC No.5300/2025. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application was rejected by this Court on merits on 02/07/2025 vide MCRC No.5106/2025. This second bail application is filed on the ground that two seizure witnesses have turned hostile, same cannot be a ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant-Tejraj Rathore, involved in Crime No.81/2025 registered at Police Station Gaurella, Distt. Gaurella-Pendra-Marwahi (CG) for the offence punishable under Sections 34(2) & 59(A) of Excise Act is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri