1 2025:CGHC:51149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8171 of 2025 Jagan Lal Gandharva S/o Shri Gaurishankar Gandharv Aged About 47 Years R/o Village- Gobaari, Police Station- Pachpedi, District- Bilaspur, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Officer-In-Charge Of Police Station- Aarakshit Kendra City Kotwali, Balodabazar, District- Baloda Bazar- Bhatapara, C.G. ... Respondent(s) For Applicant(s) : Ms. Gunjan Rani Agrawal, Advocate For Respondent(s) : Ms. Shuba Shrivastava, Panel Lawyer 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.134/2025 registered at Police Station City Kotwali, Balodabazar, District- Baloda Bazar-Bhatapara (C.G.) for the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 07.02.2025, on the basis of secret information received from the informant to head- constable, P.S. City Kotwali Balodabazar staff reached to the spot mentioned by the informer where vehicle No CG22C0292 was driven by the accused was stopped, checked and confiscated 150 bulk liters of country made liquor. Thereafter, the police issued notice under Section 94 of B.N.S.S. to the accused to produce necessary documents regarding the same but no documents was submitted by the accused with respect to confiscated liquor. On the basis of which the applicant was arrested by the Police of Police Station City Kotwali Balodabazar, Dist- Balodabazar- bhatapara (C.G.), for the alleged offence punishable under Section(s) 34(2) of the C.G. Excise Act. 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 23.04.2025, therefore this second bail application is filed on the ground that since the seizure witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and 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 State counsel opposes the bail application and submits that in the present case, the quantity of 3 liquor seized from the possession of the applicant i.e. 150 bulk liters of country made liquor which is huge quantity. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as the seizure 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 23.04.2025 in MCRC No. 3072 of 2025 on the ground that from the possession of the present applicant, a huge quantity of liquor, i.e. 150 bulk litres of country made liquor was seized without any valid license and further no plausible explanation was offered for the same. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant- Jagan Lal Gandharv, involved in Crime No.134/2025 registered at Police Station City Kotwali, Balodabazar, District- Baloda Bazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, is rejected at this stage. 9. Office is directed to provide a certified copy of this order to the trial 4 Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil