The High Court of Chhattisgarh granted regular bail to the applicant, who was in custody for possession of illicit liquor violating Section 59A(ii) of the C.G. Excise Act, 1915.
Regular bail granted on a personal bond of Rs. 25,000/- with one surety in like sum, subject to conditions.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M. Cr. C. No. 3910 OF 2015
Chandro Gound, Age 55 Years, S/o Late Shri Mandhar Gound, R/o:- Village Sanwra Dera, P.S. & Tahsil Baghbahra, Civil & Revenue Distt. and Distt. Mahasamund (C.G.)
---Applicant
Versus
State of Chhattisgarh, Through The P.S:- Baghbahra, Distt. Mahasamund (C.G.)
---Non-applicant
For Applicant : Mr. J.A. Lohani, Advocate For Non-applicant : Mr. Neeraj Pradhan, P.L.
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
11/08/2015
1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.121/2015 registered at Police Station Baghbahra, Distt. Mahasamund , for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.
2. Case of the prosecution, in brief, is that, 15 bulk liters of illicit liquor was seized by the police from the present applicant.
3. Learned counsel for the applicant submits that earlier one criminal case was registered against the present applicant, which has been disposed of and he has been acquitted. He would further submit that applicant is in custody from 06/07/2015 . He would lastly submit that the applicant has falsely been implicated in the case, and therefore, the applicant may be released on
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bail.
4. On the other hand, learned counsel for the State would oppose the bail application.
5. I have heard the counsel appearing for the parties and perused the case diary.
6. Taking into consideration the condition incorporated in Section 59A(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, only 15 bulk liters of illicit liquor has been seized from him which is more than prescribed limit of 5 bulk liters and he is in custody from 06/07/2015 and case is triable by the Judicial Magistrate First Class and 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 bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- with one 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:
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8. Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) JUDGE
Tiwari
1 issue framed by the court
Whether the applicant should be enlarged on regular bail given the circumstances of the case.
Colour shows how this judgement treated each authority
Banti Singh v. State of ChhattisgarhReferred¶6
Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014, decided on 05.01.2015)
2 provisions across 2 enactments
Chandro Gound
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
