The High Court of Chhattisgarh granted regular bail to an applicant arrested for possessing illicit liquor exceeding the statutory limit. The court balanced the lack of criminal antecedents against the gravity of the offence.
Bail granted upon furnishing a personal bond of ₹25,000 with one surety and compliance with prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C.No.4031 of 2020
Versus
---Non-applicant
For Applicant :Mr. Love Kumar Ramteke, Advocate For Non-applicant :Mr. Rahul Jha, Govt. Advocate
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
09.7.2020.
Conferencing.
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liquor was seized by the police from the present applicant.
not committed any offence and he has falsely been implicated in crime in question. He is in custody since 16.6.2020.
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Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of ₹ 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:
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.
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.
That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.
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Re : Contagion of COVID 19 Virus in Prisons (Suo Motu 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 bail bonds earlier, then he will be required to furnish bail bonds.
Sd/-
(Sanjay K. Agrawal) JUDGE
Bini
1 issue framed by the court
Whether the applicant is entitled to regular bail under Section 439 Cr.P.C. considering it is his first offence and the nature of the seizure.
Colour shows how this judgement treated each authority
Banti Singh v. State of ChhattisgarhReferred¶7
Banti Singh v. State of Chhattisgarh1 2015(2) C.G.L.J. 341
Re : Contagion of COVID 19 Virus in PrisonsReferred¶32
Re : Contagion of COVID 19 Virus in Prisons (Suo Motu Writ Petition (C) No.1/2020)
3 provisions across 3 enactments
Khumaan Sahu
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
