Allowed

Mohit Kumar Mohale v. State of Chhattisgarh

Chhattisgarh HC20 Mar 2023MCRC/1394/2023

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by an applicant charged with possession of liquor under the Chhattisgarh Excise Act. The High Court directed the execution of a personal bond with one surety and imposed standard conditions of bail.

What did the court decide?

Bail allowed; applicant directed to execute personal bond of Rs.50,000 with one surety and comply with standard bail conditions.

Mohit Kumar Mohale Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No.1394 of 2023

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Mohit Kumar Mohale S/o Shri Uttara Kumar, Aged About 25 Years Caste Satnami R/o Village Sonbandha, Police Station Takhatpur, District : Bilaspur, Chhattisgarh ---- Applicant

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Versus

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State Of Chhattisgarh Through Officer In Charge Police Station Takhatpur, District : Bilaspur, Chhattisgarh ---- Non-applicant

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For Applicant : Mr. Kripesh G. Kela, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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20-03-2023

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This is the first bail application filed under Section 439 of the Cr.P.C. by the applicant before this Court for grant of regular bail in connection with Crime No.48/2023, registered at Police Station- Takhatpur, District Bilaspur (C.G.), for commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

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Case of the prosecution is that, on secret information, police seized 20 litres of mahua liquor from possession of the present applicant and consequently, crime was registered.

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Learned counsel for the applicant would submit that the present applicant is innocent person; he has falsely been implicated in this case; contraband was not seized from his conscious possession and he is in jail since 07.02.2023 and thus, he would pray for grant of regular bail to the applicant.

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On the other hand, learned counsel for the State would oppose the bail application and submit that against the present applicant, one similar case was registered in the year 2021 for offence punishable under Section 34(1) of Chhattisgarh Excise Act and thus, the applicant is not entitled for grant of regular bail.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the fact that in the year 2021, an offence punishable under Section 34(1) of Chhattisgarh Excise Act was registered and in which, applicant was granted bail and further considering the quantity of liquor seized from the applicant and period of detention, I am inclined to allow this application.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :-

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(i) he 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 from disclosing such fact to the Court,

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(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

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(iv) he shall not involve himself in any offence of similar nature in future.

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The observation made in the course of this order is only for considering the case of the applicant. The concerned Trial Court shall not be influenced or bound by the observation made in the course of this order.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Mohit Kumar Mohale v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mohit Kumar Mohale v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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