Chattisgarh High Court
Jagdish Gond vs State Of Chhattisgarh on 16 September, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7828 of 2022
Jagdish Gond S/o Pardeshi Dhruv, Aged About 36 Years, R/o
Dhuripara, Mangla, Police Station Civil Line, Bilaspur, District
Bilaspur Chhattisgarh. (The Details Of Name Of The Applicant
Not Mentioned In The Impugned Order Sheet)
---- Applicant
Versus
State of Chhattisgarh Through Station House Officer, Police
Station Civil Line, Bilaspur, District, District Bilaspur
Chhattisgarh.
---- Respondent
For Applicant. : Ms. Deepti Shukla on behalf of Mr. Ashok Kumar Sahu, Advocate.
For Respondent. : Mr. Shivnath Shrivas, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 16.09.2022
1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 855/2022 registered at Police Station : Civil Line, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act.
2. It is the case of the prosecution that, police personal searched and seized total 9.360 bulk liters of illicit liquor from the custody applicant. Based on that, offence has been registered against him.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that as the applicant is in custody since 2 15.08.2022 and the trial is likely to take some time for its final disposal, he may be released on bail.
4. On the other hand, learned State counsel opposes the bail application and submits that there is a previous antecedent registered against the applicant of the excise matter.
5. Heard learned counsel for the parties and perused the record.
6. Taking into consideration the condition incorporated in Section 59-A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid down in Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014), decided on 05.01.2015), if the facts of present case are examined, it is apparent that total 9.360 bulk liters of illicit liquor has been seized from him which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicant is in custody since 15.08.2022, trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicant that he has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.
7. Accordingly, the application is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the applicant shall be released on bail, subject to following conditions:
That, the applicant shall furnish a specific, undertaking that while on bail, he shall not commit any excise 3 offence, otherwise bail granted to him shall be liable to be cancelled and shall co-operate the prosecution during trial.
That, the accused/applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required and the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.
That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.
Sd/-
(Rajani Dubey) Judge V/-