1 2025:CGHC:51756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8331 of 2025 Omkar Singh Baghel S/o Late Gulab Singh Baghel Aged About 37 Years R/o Ward No. 15, Pandariya, Gandai, Police Station - Gandai, District K.C.G. Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Gandai, District K.C.G. Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Shivendu Pandya, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 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. 13/2025 registered at Police Station Gandai, District K.C.G (C.G.) for the offence punishable under Sections 34(2), 42 of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 12.01.2025, as per secret AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 information received from the informant, the Police of Police Station Gandai, District K.C.G (C.G.) seized 35.560 bulk liter of illicit liquor from the applicant, which led to the registration fo the aforesaid offence against the applicant and subsequently he was arrested. Hence, the 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 03.04.2025 in MCRC No.2600 of 2025, therefore this second bail application is filed on the ground that out of 8 criminal antecedents, only 4 are under the Excise Act, and out of said 4 cases, only 2 cases are pending. He also submits that no witnesses have been examined till date, further charge-sheet has already been filed in the present case and the applicant is in jail since 23.02.2025, 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, charge-sheet has been filed before the competent Court and the quantity of illicit liquor seized from the possession of the applicant i.e. 35.560 bulk liters of liquor, so far as criminal antecedents of the applicant are concerned, applicant has 8 criminal antecedents, out of which, four cases are under the Excise Act, as such, the applicant is a habitual offender and his bail application is liable to be rejected. 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 3 application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 03.04.2025 in MCRC No. 2600 of 2025 on the ground that the applicant has 8 criminal antecedents, out of which 4 cases are under the Excise Act, in which 2 cases are pending and rest 4 cases are under the IPC and Istagasha, and the ground taken by the applicant that only two cases under the Excise Act are pending against him has already been considered and dealt with at the time of rejection of his first bail application, so far as the status of trial is concerned, though counsel for the applicant has not annexed order-sheet of the case showing the status of the trial, but he stated that till date no witness has been examined, as such, there appears to be no new ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant- Omkar Singh Baghel, involved in Crime No. 13/2025 registered at Police Station Gandai, District K.C.G (C.G.) for the offence punishable under Sections 34(2), 42 of C.G. Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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