Pawan Kumar Ratre Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

Pawan Kumar Ratre Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Regular bail for the applicant on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Chief Judicial Magistrate, Mahasamund, subject to conditions of not committing excise offences while on bail, co-operating with the prosecution, not inducing/threatening/promising witnesses, and not acting prejudicially to a fair, expeditious trial.

Issue for consideration

Whether regular bail under Section 439 Cr.P.C. should be granted to the applicant, arrested in connection with Crime No. 118/2024 (Police Station- Bagbahara, District- Mahasamund, C.G.) for an offence punishable under Section 34 (2) of C.G. Excise Act.

Court's answer

Regular bail granted: considering the submissions of counsel, the quantity of alleged liquor seized from the railway under bridge at Village- Paterapali, the applicant's detention since 01.04.2024, and that final adjudication of the case will take its own time, the court enlarged the applicant on bail expressly without commenting on the merit of the case.

Ratio / Principle

Release on bail directed upon furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Chief Judicial Magistrate, Mahasamund, for appearance as and when directed, subject to conditions.

Key takeaways

Conditions imposed on bail: (i) specific undertaking that while on bail the applicant will not commit any excise offence, failing which the bail shall be liable to cancellation, and that he shall co-operate with the prosecution during trial; (ii) no direct or indirect inducement, threat or promise to witnesses acquainted with the facts so as to dissuade disclosure to the Court or police; (iii) no act prejudicial to fair, expeditious trial.ratio¶24

Detailed headnote1 paragraphs

Bail - Section 439 Cr.P.C. - offence punishable under Section 34 (2) of C.G. Excise Act - Crime No. 118/2024, Police Station- Bagbahara, District- Mahasamund, C.G. - applicant found in possession of 25 bulk liters of hand made mahua liquor near railway under bridge, Village- Paterapali on 01.04.2024 - in jail since 01.04.2024 - quantity of liquor, prolonged custody and time for final adjudication considered - regular bail granted on personal bond of Rs. 25,000/- with one surety in the like sum before the Chief Judicial Magistrate, Mahasamund - conditions: no excise offence while on bail (else cancellable) and co-operation with prosecution; no inducement, threat or promise to witnesses; no act prejudicial to fair, expeditious trial - granted without commenting on merits of the case. (High Court of Chhattisgarh, Bilaspur; Ravindra Kumar Agrawal, J.; Order dated 03.06.2024)

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3580 of 2024

Pawan Kumar Ratre, S/o Sonsay Ratre, Aged About 45 Years, R/o Village Koma, Thana Khallari, District : Mahasamund, Chhattisgarh

---- Applicant

Versus

State of Chhattisgarh Through Police Station Mahasamund, District : Mahasamund, Chhattisgarh

---- Respondent

For Applicant : Mr. Waquar Naiyer, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. G.A.

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

03.06.2024

Heard.

Applicant has filed this bail application under Section 439 of Cr.P.C. for grant of regular bail as he was arrested in connection with Crime No. 118/2024 registered at Police Station- Bagbahara District- Mahasamund, C.G. for the offence punishable under Section 34 (2) of C.G. Excise Act.

As per the prosecution case, on 01.04.2024, applicant was found in possession of 25 bulk liters of hand made mahua liquor near railway under bridge, Village- Paterapali.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime. The illicit liquor has not been seized from the exclusive possession of the applicant as the same was seized from the open place. He would further submit that the applicant is in jail since 01.04.2024 and final adjudication of the case will take its own time. He further states that he has been acquitted of the earlier offence vide judgment dated 27.01.2024 and there is no criminal antecedent against the

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applicant, therefore, he may be released on bail.

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

I have heard learned counsel for the parties and perused the material available on record.

Considering the submissions made by the learned counsel for the parties, considering the quantity of alleged liquor seized from the railway under bridge in Village- Paterapali, the applicant is in jail since 01.04.2024 and final adjudication of the case will take its own time, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail.

Accordingly, the application 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 Chief Judicial Magistrate, Mahasamund for his appearance as and when directed, the applicant shall be released on bail, subject to following conditions:

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.

That, the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to the witnesses 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.

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

Sd/(Ravindra Kumar Agrawal) Judge

Ruchi