Nemchand Kanwar & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 853 of 2020
1. Nemchan Kanwar, S/o Makhan Lal, aged about 27 years,
2. Khemlal Kanwar, S/o Bishnu Kanwar, aged about 40 years,
3. Saradhu Ram, S/o Jhadu Ram Kanwar, aged about 55 years, All R/o Village Aaliwara, Police Station Gendatola, Tehsil Chhuria, District Rajnandgaon (C.G.) (In jail) ---- Applicants
Versus
State of Chhattisgarh, Through : the Police Station Gendatola, District Rajnandgaon (C.G.) ---- Non-applicant For Applicant : Mr. S.S. Baghel, Advocate. For Non-applicant/State : Mr. Vaibhav Kartike Agrawal, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey Order On Board 12/02/2020 (1) The accused/applicants have preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 09/2020 registered at Police Station Gendatola, Distt. Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the CG Excise Act, 1915. (2) Case of the prosecution, in brief, is that 26.640 bulk liters of illicit liquor was seized by the police from the possession of present applicants.
(3) Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question as he has not committed any offence. He further submits that the as applicants are in custody since 21.01.2020 and the trial is likely to take some time for its final disposal, they may be released on bail.
(4) On the other hand, learned counsel for the State opposes the bail application.
(5) I have heard the counsel appearing for the parties and perused the case diary.
(6) Taking into consideration the condition incorporated in Section 59-A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid down in Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014, decided on 05.01.2015), if the facts of present case are examined, it is apparent that only 26.640 bulk liters of illicit liquor has been seized from them which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicants are in custody since 21.01.2020, case is triable by the Judicial Magistrate First Class, trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicant that he has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.
(7) Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of
Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the applicants shall be released on bail, subject to following conditions: • That, the applicants shall furnish a specific undertaking that while on bail, they will not commit any excise offence, otherwise bail granted to them shall be liable to be cancelled and shall co-operate the prosecution during trial.
• That, the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required and the accused/applicants 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/her from disclosing such facts to the Court or to any police officer. • That, the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge D/-