Allowed

Rajesh v. the State of Chhattisgarh

Chhattisgarh HC15 Jan 2020MCRC/16/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the first bail application of the applicant, who was charged with possessing illicit liquor exceeding the statutory limit. The court ruled that despite the gravity of the offense, long custody warranting bail release, subject to conditions including bond and undertaking not to commit further excise offenses.

What did the court decide?

The applicant was enlarged on regular bail by furnishing a personal bond of Rs. 50,000 with one local surety of equivalent amount.

Rajesh Vs the State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2020)

MCRC No. 16 of 2020

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 16 of 2020

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Rajesh S/o Barsan Aged About 29 Years R/o Village Bakhrutola, Thana Chhuriya, District Rajnandgaon Chhattisgarh.

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---- Applicant

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Versus

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The State of Chhattisgarh Through Police Station Excise Circle Chichola, District Rajnandgaon Chhattisgarh..(Thana Name Wrongly Mentioned).

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---- Respondent

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For Applicant :- Mr. Sameer Singh, Advcoate For Respondent-State :- Mr. Waseem Miyan, PL

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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15/01/2020

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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. 78/2019 registered at Police Station – Excise Circle Chichola, District Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) (wrongly mentioned as Sections 36, 59(A)) of the C.G. Excise Act.

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It is the case of the prosecution that, 9.540 bulk liters of illicit

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MCRC No. 16 of 2020

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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 20.12.2019 (date wrongly mentioned) 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 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 9.540 bulk liters of illicit liquor has been seized from the applicant which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicant is in custody since 20.12.2019, 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

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MCRC No. 16 of 2020

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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:

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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 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.

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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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Ankit

Rajesh v. the State of Chhattisgarh

Case brief

What is this about?

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Rajesh v. the State of Chhattisgarh

Case brief

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