Allowed

Suraj Kumar v. State of Chhattisgarh

Chhattisgarh HC2 Mar 2023MCRCA/47/2023

Case brief

AI extract

What is this about?

The High Court allowed two anticipatory bail applications filed for offences under the Chhattisgarh Excise Act. The court granted bail with conditions and powers to direct interrogation on account of prima facie case not being made out and lack of relation between co-accused and applicants.

What did the court decide?

Anticipatory bail granted on Rs. 50,000 personal bond with conditions to appear for interrogation and not interfere with witnesses.

Suraj Kumar Vs State of Chhattisga… — Constitutional and Fundamental Rights | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 1781 of 2022

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Smt. Deepa Dewangan W/o Shri Gulab Dewangan Aged About 30 Years R/o Village Jaraudha, Tahsil- Khadgawan District- ManendragarhChirmiri- Bharatpur, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh

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----Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer Police StationKhadgawan, District : Koriya (Baikunthpur), Chhattisgarh

---- Respondent

And

MCRCA No.47 of 2023

Suraj Kumar S/o Santosh Kumar, Aged About 18 Years Resident Of Village Katkona (Gram Jaroudha), Police Station Khadgava, District Koriya Chhattisgarh ---- Applicant

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Versus

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State Of Chhattisgarh Through - The Station House Officer, Police Station Khadgava, District Koriya Chhattisgarh

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–-- Respondent

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For respective Applicants	:	Mr. Vijay Kumar Sahu and
		Ms. Ashwani Gowardhan,
		Advocates
For State	:	Mr. Anil Tripathi, Panel Lawyer

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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02.03.2023

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Since both the bail applications are arising out of the same crime

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number, therefore, they are being disposed of by this common order.

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These both bail applications under Section 438 of the Code of Criminal Procedure have been filed by the applicants, who are apprehending their arrest in connection with Crime No.423/2022 registered at Police Station Khadgava, District Koriya (CG) for offences punishable under Sections 34(2), 46 & 59(A) of Chhattisgarh Excise Act.

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Case of the prosecution is that, on secret information, the police reached to the house of co-accused Ramdeen, where he was unloading liquor from a vehicle. The police seized 81 bulk litres of illegal liquor from possession of Ramdeen. On the same day, memorandum statement of Ramdeen was recorded, in which, he named Smt. Deepa Dewangan and Suraj Kumar. On the basis of the memorandum statement, the police registered offence as stated above against the present applicants also.

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Learned counsels for the applicants would submit that the applicants were not present at the time of seizure, the illegal liquor was seized from possession of one Ramdeen. Due to an ulterior motive, the FIR has been registered against them and prima facie, no offence is made out.

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On the other hand, learned counsel for the State would oppose the prayer for grant of anticipatory bail.

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

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From the case diary, it appears that on 20.11.2022, police on

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secret information, conducted a raid and seized 81 bulk litres of illegal liquor from possession of one Ramdeen. Ramdeen and Smt. Deepa Dewangan are not related to each other. On the basis of memorandum statement of Ramdeen, the present applicants have been arrayed as accused persons in the crime. Considering the above facts, I am inclined to grant anticipatory bail to the applicants, thus both the applications are allowed.

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It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- to the satisfaction of the arresting officer, on the following conditions:-

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(i) that the applicants shall make themselves available for interrogation before the concerned investigating officer as and when required.

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(ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade them from disclosing such facts to the Court or to any police officer;

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(iii) that the applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and

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(iv) that the applicants shall appear before the trial Court on each and

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every date given to them by the said Court till disposal of the trial.

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The observation made in the course of this order or only for considering the case of the applicants. 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)

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Judge

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Rekha

Suraj Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Suraj Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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