Ravilal Seth Vs the State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

Ravilal Seth Vs the State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted; applicant to be released on furnishing personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Chief Judicial Magistrate, Mahasamund, subject to the conditions recorded in the order.

Issue for consideration

Whether the applicant, arrested for offence punishable under Section 34(2) of C.G. Excise Act in Crime No. 42/2024, Police Station Singhoda, District Mahasamund, should be released on regular bail under Section 439 Cr.P.C.

Ratio / Principle

Considering the submissions of counsel, the quantity of alleged liquor, and that the applicant is in jail since 23.04.2024 with final adjudication likely to take time, the Court was inclined to enlarge the applicant on bail without commenting on the merits of the case.

Key takeaways

Bail granted: applicant to be released 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, for appearance as and when directed, subject to conditions (undertaking not to commit any excise offence and to co-operate with prosecution during trial; no inducement, threat or promise to witnesses; no conduct prejudicial to fair expeditious trial).ratio¶23

Detailed headnote1 paragraphs

Bail — Regular bail application under Section 439 Cr.P.C. — Offence punishable under Section 34(2) of C.G. Excise Act, Crime No. 42/2024, P.S. Singhoda, District Mahasamund — Alleged recovery of 50 bulk liters of hand made mahua liquor on 22.04.2024 — Applicant in jail since 23.04.2024 — Considering the quantity of alleged liquor, period of custody and that final adjudication would take its own time, and without commenting on merits, High Court enlarged the applicant on bail on furnishing 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 including an undertaking not to commit any excise offence, non-tampering with witnesses and non-prejudice to fair expeditious trial. (NAFR)

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3630 of 2024

Ravilal Seth S/o Gopal Seth Aged About 41 Years R/o Village- Paterapali Thana- Singhoda, District : Mahasamund, Chhattisgarh

---- Applicant

Versus

The State of Chhattisgarh Through Aarakshi Kendra- Singhoda, District : Mahasamund, Chhattisgarh

---- Respondent

For Applicant : Mr. Rajendra Patel, Advocate For Respondent/State : Ms. Pragya Pandey, 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. 42/2024 registered at Police Station- Singhoda District- Mahasamund, C.G. for the offence punishable under Section 34 (2) of C.G. Excise Act.

As per the prosecution case, on 22.04.2024, the applicant was found in possession of 50 bulk liters of hand made mahua liquor and the same was seized from main road between VillagePaterapani and Village- Sahajpani.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime. The alleged liquor has not been seized from the exclusive possession of the applicant. The applicant is in jail since 23.04.2024 and final adjudication of the case will take its own time. He would further submit that there

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is no criminal antecedent of the 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, also the fact that the applicant is in jail since 23.04.2024 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, 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