Dilip Ghritlahre vs State Of Chhattisgarh on 1 September, 2023

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Chattisgarh High Court

Dilip Ghritlahre vs State Of Chhattisgarh on 1 September, 2023

Bench: Ramesh Sinha

                                        1




                                                                             NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                           MCRC No. 6097 of 2023

      Dilip Ghritlahre S/o Krishna Kumar Aged About 26 Years R/o Village
       Madhar, Police Station Simga, District Baloda Bazar- Bhatapara
       (C.G.)
                                                                      ---- Applicant
                                    Versus

      State Of Chhattisgarh Through Station House Officer, Excise Circle,
       Simga, District- Baloda Bazar- Bhatapara (C.G.)
                                                               ---- Respondent

(Cause-tile taken from the Case Information System) For Applicant : Ms. Lata Nayak, Advocate.

For Respondent-State : Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 01.09.2023

1. The applicant has preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 21/2023, registered at Police Station Excise Circle, Simga, District Baloda Bazar-Bhatapata, Chhattisgarh for the offence punishable under Section 34(2) of the Excise Act.

2. The case of the prosecution, in brief, is that on 12.08.2023, during patrolling, the information received by the police through informer, the police searched the Car of the applicant bearing No. C.G.-04- HC-6452 and seized 10 boxes Goa special (each 50 quarter) each 180 ml., total 500 quarter, jumla 90 liter Goa and 7 boxes country 2 made masala liquor (each 50 quarter), each 180 ml., total 350 quarter, jumla 63 liter country made masala and in the house of the applicant 03 boxes (each 50 quarter) each 180 ml., total 150 quarter jumla 27 liter country made masala liquor and 01 printer machine. Subsequently the police seized 180 bulk liter liquor from the possession of the applicant.

3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. She submits that the applicant is in jail since 12.08.2023 and trial is likely to take some time for its conclusion. She further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, she prays grant of bail.

4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has no previous criminal antecedent. It is also submitted that 10 boxes Goa special (each 50 quarter) each 180 ml., total 500 quarter, jumla 90 liter Goa and 7 boxes country made masala liquor (each 50 quarter), each 180 ml., total 350 quarter, jumla 63 liter country made masala and in the house of the applicant 03 boxes (each 50 quarter) each 180 ml., total 150 quarter jumla 27 liter country made masala liquor and 01 printer machine, and subsequently, the police seized 180 bulk liter liquor from the possession of the applicant, therefore, the applicant is not entitled for grant of bail.

5. Considering the fact that the applicant has no previous criminal antecedent and taking into consideration the fact and circumstances 3 of the case, nature and gravity of allegation levelled against the applicant, the fact that the applicant is in jail since 12.08.2023 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application.

6. Let applicant, Dilip Ghritlahre, involved in Crime No. 21/2023, registered at Police Station Excise Circle, Simga, District Baloda Bazar-Bhatapata, Chhattisgarh for the offence punishable under Section 34(2) of the Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

7. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.

8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance within a period of one week.

Sd/-

(Ramesh Sinha) Chief Justice ved

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