This order grants bail to an applicant arrested for illegal possession of liquor under the C.G. Excise Act via a first bail application under Section 439 Cr.P.C., citing COVID-19 protocols and lack of tampering risk.
Applicant released on bail on personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each under specified conditions.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3334 of 2021
----Applicant
Versus
----Non-applicant
For Applicant Mr. Paras Mani Shriwas, Advocate. For State Ms. Deepti Shukla, Penal Lawyer.
Hon'ble Shri Justice Gautam Chourdiya
Order on Board
27/08/2021
1. The matter is heard through Video Conferencing.
2. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.12/2021 registered at Police Station- Excise Circle Shivarinarayan, District Janjgir-Champa, C.G. for the offence punishable under Sections 34(2) & 59(A) of the C.G. Excise Act.
3. Allegation against the applicant is that he was found in illegal possession of 50 bulk litres of hand made liquor (Mahuwa) .
4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime. He submits that applicant was arrested on 08.05.2021 and due to COVID-19 pandemic,
conclusion of trial is likely to take some time. Therefore, he may be released on bail.
5. On the other hand, learned counsel for the State opposes the bail application. She submits that the applicant has as many as three criminal antecedents for the offence under Sections 34(1)(A) & 34(2) of the C.G. Excise Act bearing Crime Nos. 123/19, 207/19 & 207/18.
6. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant, who is 53 years old and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and due to COVID-19 pandemic, conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in any offence in future.
Sd/Gautam Chourdiya Judge
Akhilesh
1 issue framed by the court
Whether the applicant for bail under Section 439 of Cr.P.C. in a case for illegal possession of liquor should be granted bail considering his age and pandemic conditions.
2 provisions across 2 enactments
Jawahir Gond
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
