Allowed

Vijay Sahare v. State of Chhattisgarh

Chhattisgarh HC20 Nov 2019MCRC/6804/2019

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court of Chhattisgarh allowed the applicant's plea for regular bail in connection with procuring excess illicit liquor. The Court applied the principles from Banti Singh v. State of Chhattisgarh and imposed conditions including furnishing a bond, undertaking not to commit further offences, and cooperating with the prosecution.

What did the court decide?

The applicant was enlarged on regular bail on furnishing a personal bond of Rs. 50,000/- with one surety, subject to conditions not to commit excise offences and to cooperate with the trial.

Vijay Sahare Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 6804 of 2019

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Vijay Sahare S/o Shri Sukhdev Sahare Aged About 23 Years R/o Zone 2, Bapunagar, Khursipar Bhilai, District Durg Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Police Station Somni, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. S.S. Baghel, Advocate. For Respondent : Mr. Vaibhav K. Agrawal, P.L.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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20/11/2019

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The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 24/2019 registered at Police Station – Somni Rajnandgaon (C.G.) for the offence punishable under Section 34 (2) of the C.G. Excise Act.

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It is the case of the prosecution that, 297.00 bulk liters of illicit liquor was seized by the police from the custody of applicant and thereby committed the offence.

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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 12.02.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

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On the other hand, counsel for the State opposes the bail

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application.

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• 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 only 297.00 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 12.02.2019, 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.

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• Accordingly, the application is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- 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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That, the applicant shall furnish a specific, undertaking that while on bail, he will not commit any excise offence, otherwise bail granted to him shall be liable to be cancelled and shall co-operate the prosecution during trial.

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That, the accused/applicant shall make himself available for interrogation before the concerned Investigating OfÏcer as and when required and the accused/applicant shall not, directly or indirectly, make

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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 ofÏcer.

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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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Sd/(Rajani Dubey) Judge

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Vijay Sahu

Vijay Sahare v. State of Chhattisgarh

Case brief

What is this about?

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Vijay Sahare v. State of Chhattisgarh

Case brief

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