Allowed

Niraj @ Jigar Sahu v. State of Chhattisgarh

Chhattisgarh HC21 Sept 2020MCRC/1846/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. for an applicant accused of possessing illicit liquor. The court applied the principles from Banti Singh, noting the applicant had no criminal antecedent and was caught by a strict liability provision. Bail was granted subject to a personal bond and specific undertakings.

What did the court decide?

Bail granted on furnishing a personal bond of Rs. 50,000 with one surety in the like sum, subject to specific undertakings regarding future conduct and cooperation with the trial.

Niraj @ Jigar Sahu Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1846 of 2020

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Niraj @ Jigar Sahu S/o Bhupendra Sahu, Aged About 21 Years R/o Baloda Bazar, Thana - City Kotwali, District Baloda Bazar - Bhatapara Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh through the Police Station - City Kotwali, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.

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---- Respondent

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For Applicant :- Mr. Deepak Jain, Advocate.
For State/Respondent:- Mr. Animesh Tiwari, Dy. A.G.

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

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21/09/2020

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1. Proceedings of this matter have been taken up through video conferencing.

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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 applicant, who has been arrested in connection with Crime No. 161/2020,

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registered at Police Station-Thana – City
Kotwali, Baloda Bazar, District Baloda
Bazar-Bhatapara (CG), for the offence
punishable under Section 34(2) of the
Chhattisgarh Excise Act.

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3. Case of the prosecution, in brief, is that, 114.940 bulk liters of illicit liquor was seized by the police from the present applicant.

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4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has falsely been implicated in crime in question. He is in custody since 04/03/2020.

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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 learned counsel appearing for the parties.

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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

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v. State of Chhattisgarh1, if the facts of
present case are examined, it is apparent
that there is no criminal antecedent of the
present applicant and only 114.940 bulk
liters of illicit liquor has been seized
from the present applicant which is more
than prescribed limit of 5 bulk liters, but
looking to the fact that the illicit liquor
was not seized from the present applicant
and he is in custody since 04/03/2020 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.

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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.50,000/- with one

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1 2015(2) C.G.L.J. 341

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

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9.It is made clear that if the applicant has
already been released on bail pursuant to
the bail bonds already furnished in view of
the order passed by the High Power Committee
constituted in compliance of the order of
the Supreme Court of India dated 23/03/2020
in the matter of In Re : Contagion of COVID
19 Virus in Prisons (Suo Moto Writ Petition
(c) No. 1/2020), he need not furnish bail
bonds afresh and the bail bonds already
furnished shall be deemed to be the bail
bonds furnished in compliance of the order
of this Court, but if he has not furnished
the bail bonds earlier, then he will be
required to furnish bail bonds.

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10.Certified copy as per rules.

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Sd/-
(Sanjay K. Agrawal)
Judge

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Ankit

Niraj @ Jigar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Niraj @ Jigar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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