1 2025:CGHC:56613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9367 of 2025 Bhawesh Kurre S/o Ramesh Kurre Aged About 25 Years R/o Village Louda Tahsil And PS Pathariya, District : Mungeli, Chhattisgarh ... Applicant versus The State of Chhattisgarh Through SHO Excise Circle Takhatpur, District : Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mrs. Shital Soni, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.11.2025 1. The applicant has preferred this Second Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 0049/2025, registered at Police Station – Excise Circle Takhatpur, District-Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), (F), 34(2), and 59(A) of the Chhattisgarh Excise Act. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 08.07.2025 passed in MCRC No. 5264 of 2025 on merits. 3. According to the case of the prosecution, on 21.05.2025, the ofÏcers of Excise Circle Takhatpur, District Bilaspur (C.G.), seized 155.000 bulk ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 10:57:19 +0530 2 litres of Bassia Latifolia (Mahua) liquor and 570.000 kg of Mahua Lahan from the unlawful possession of the applicant. On the same day, the applicant was arrested for offences punishable under Sections 34(1)(A), 34(1)(F), 34(2), and 59(A) of the C.G. Excise Act. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 08.07.2025 passed in MCRC No. 5264 of 2025 on merits. She submits that this is the second bail application of the present applicant which is being preferred on the ground that on 11.08.2025, both the seizure witnesses were examined before the concerned learned trial Court and they turned hostile. She also submits that the applicant is the sole earning member of his family, and his prolonged pre-trial incarceration would cause undue hardship to his dependents and irreparably impair their means of subsistence. She submits that before the learned trial Court, up to 14.10.2025, the accused’s statement was recorded after the examination and cross-examination of all material witnesses. However, due to unavoidable circumstances, the case has since been pending for final arguments. She submits that the present applicant has been in jail since 21.05.2025, conclusion of the trial is likely to take quite long time. Therefore, she prays for releasing the applicant on regular bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that, in the present case, the charge-sheet has already been filed before the competent Court. He further submits that 155.000 bulk litres of Bassia Latifolia (Mahua) liquor and 570.000 kg of Mahua Lahan were recovered from the possession of the present applicant. Considering the quantity of the seized liquor, it is argued that the applicant is not entitled to the grant of regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the above submissions, merely because the seizure witnesses have turned hostile cannot be a ground for releasing the applicant on bail. Furthermore, a substantial quantity of mahua liquor i.e. 155.000 bulk litres and 570.000 kg of Mahua Lahan was recovered from the possession of the present applicant. In view of the gravity and seriousness of the offence, it cannot be said that this is a case of false implication. Therefore, this Court is of the considered view that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application of the applicant namely, Bhawesh Kurre, involved in Crime No. 0049/2025, registered at Police Station – Excise Circle Takhatpur, District-Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), (F), 34(2), and 59(A) of the Chhattisgarh Excise Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek