High Court of Chhattisgarh allowed a bail application under section 439 Cr.P.C. for an applicant arrested for possessing prohibited bulk liquor under the Chhattisgarh Excise Act, directing furnishing of a personal bond.
Bail application under Section 439 Cr.P.C. allowed; applicant released on furnishing a personal bond in Rs. 25,000 with one surety.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4506 of 2020
Sanjeev Chouhan S/o Shyamlal Chouhan Aged About 35 Years R/o Village Gabaud, Thana and Tahsil- Bagbahara, District- Mahasamund, (C.G.).---- Applicant
Versus
State of Chhattisgarh through Station House Officer, Police Station- Khallari, DistrictMahasamund, (C.G.).---- Respondent
For Applicant :- Mr. Vikash Pradhan, Adv.
For State/Respondent:- Mr. Animesh Tiwari, Dy. A.G.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board
10/08/2020
1. Proceedings of this matter have been taken up through video conferencing.
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. 125/2020,
registered at Police Station-Khallari,
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District Mahasamund (CG), for the offence
punishable under Section 34(2) of the
Chhattisgarh Excise Act.
3. Case of the prosecution, in brief, is that, 15.000 bulk liters of illicit liquor was seized by the police from the present applicant.
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 16/06/2020.
5. On the other hand, learned counsel for the State opposes the bail application.
6. I have heard learned counsel appearing for the parties.
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 Chhattisgarh1 , if the facts of present case are examined, it is apparent
1 2015(2) C.G.L.J. 341
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that there is no criminal antecedent of the
present applicant and only 15.000 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 it is the first offence of the
applicant and he is in custody since
16/06/2020 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.
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/- 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
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conditions:
(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.
(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.
(iii) That, the accused/applicant shall not
act, in any manner, which will be
prejudicial to fair and expeditious trial.
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
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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.
10.Certified copy as per rules.
Sd/-
(Sanjay K. Agrawal)
Judge
Ankit
1 issue framed by the court
Whether the impugned order should be enlarged on regular bail under section 439 of the Cr.P.C.
Colour shows how this judgement treated each authority
Banti Singh v. State of ChhattisgarhReferred¶22
Banti Singh v. State of Chhattisgarh 1 2015(2) C.G.L.J. 341
3 provisions across 3 enactments
Sanjeev Chouhan
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court