Allowed

Bhagirathi and Anr. v. State Of Chhattisgarh

Chhattisgarh HC14 Nov 2017MCRC/6820/2017

Case brief

AI extract

What is this about?

This court allowed an application for regular bail under Section 439 Cr.P.C. filed by applicants arrested for possession of illicit liquor exceeding the limit under the Chhattisgarh Excise Act. The court considered the duration of custody and the minor nature of the offence as factors favouring bail.

What did the court decide?

Applicants enlarged on regular bail on furnishing a personal bond of Rs. 25,000/- each with one surety.

Bhagirathi and Anr. Vs State Of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No.6820 of 2017

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Bhagirathi, aged about 35 years, son of Shri Dharam Lal Vishwakarma.

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Ganesh Ram Gond, aged about 59 years, son of Shri Sukalu Ram.

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Both are resident of Village Khairwapara, Pondi, P.S. Seepat, Tahsil Masturi, District Bilaspur (CG).

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---- Applicants

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Versus

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State of Chhattisgarh, through the Station House Officer, Police Station Seepat, District Bilaspur (CG).

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---- Non-applicant

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For Applicants : Mr. Shiv Shankar Tiwari, Advocate For Non-applicant : Mr. Ashish Surana, Panel Lawyer

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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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14/11/2017

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(1) Heard.

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(2) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.194/2017 registered at Police Station Seepat, District Bilaspur, for the offence punishable under Section 34(2)(A) & 59(A)of the Chhattisgarh Excise Act.

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(3) Case of the prosecution, in brief, is that 25.00 bulk liters of illicit liquor was seized by the police from the present applicants.

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(4) Learned counsel for the applicant submits that the applicants have not committed any offence and they have falsely been implicated

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in crime in question. They are in custody since 11.09.2017.

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(5) On the other hand, learned counsel for the State opposes the bail application.

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(6) I have heard the counsel appearing for the parties and perused the case diary.

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(7) 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, only 25.00 bulk liters of illicit liquor has been seized from the applicants, which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicants are in custody since 11.09.2017, 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 applicants that they have falsely been implicated in case, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

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(8) 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/- each with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed, the applicants shall be released on bail, subject to following conditions:

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That, the applicants shall furnish a specific undertaking

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that while on bail, they will not commit any excise offence, otherwise bail granted to them shall be liable to be cancelled and shall co-operate the prosecution during trial.

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That, the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required and the accused/applicants 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.

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That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

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Certified copy, as per rules.

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(Sanjay K. Agrawal) Judge

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L/-

Bhagirathi and Anr. v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bhagirathi and Anr. v. State Of Chhattisgarh

Case brief

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What did the court decide?

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