Allowed

Pramod Nag v. State of Chhattisgarh

Chhattisgarh HC15 Jan 2020MCRC/91/2020

Case brief

AI extract

What is this about?

Application for regular bail filed under Section 439 Cr.P.C. in connection with seizure of illicit liquor. High Court allowed bail after considering Section 59-A(ii) of C.G. Excise Act, principles from Banti Singh, custody duration, and plea of false implication, subject to bonding conditions.

What did the court decide?

Releasing the applicant on bail on furnishing a personal bond of Rs. 50,000 with one local surety in like amount, subject to conditions including undertaking not to commit further excise offences and

Pramod Nag Vs State of Chhattisgarh — Corruption | Chhattisgarh HC (2020)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

M.Cr.C. No. 91 of 2020

¶5

Pramod Nag S/o Baalsingh Nag Aged About 25 Years R/o 26, Awaspaara, Village Hatkongera, Thana Kanker, District Kanker Chhattisgarh.

¶6

---- Applicant

¶7

Versus

¶8

State Of Chhattisgarh Station House Officer, P.S. Kanker District Kanker Chhattisgarh.

¶9

---- Respondent

¶10

For Applicant : Ms. Sunita Sahu, Advocate. For Respondent : Mr. Vaibhav K. Agrawal, P.L.

¶11

Hon'ble Smt. Justice Rajani Dubey Order on Board

¶12

15.01.2020

¶13

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. 0451/2019 registered at Police Station – Kanker, District Kanker (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

¶14

It is the case of the prosecution that, 86.400 bulk liters of illicit liquor was seized by the police from the custody of applicant and thereby committed the offence.

¶15

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. She further submits that as the applicant is in custody since 26.12.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

¶16

¶17

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

¶18

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 86.400 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 26.12.2019, 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.

¶19

Accordingly, the application is allowed. It is directed that on 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:

¶20

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.

¶21

That, the accused/applicant shall make himself available for interrogation before the concerned

¶22

¶23

Investigating OfÏcer 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 ofÏcer.

¶24

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

¶25

Certified copy, as per rules.

¶26

Sd/(Rajani Dubey) Judge

¶27

Vijay Sahu

Pramod Nag v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Pramod Nag v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Aagvendra Singh Vs State of Chhattisgarh

Vikash Sharma & Anr. Vs State of Chhattisgarh

Manish Sahu Vs State of Chhattisgarh

Pawan Pardhi Vs The State of Chhattisgarh

Rajesh Vs the State of Chhattisgarh

Chandan Gayakwad Vs State of Chhattisgarh