Nandkumar Thakur v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 975 of 2020 • Ganeshram Sahu S/o Late Ghasiram Sahu Aged About 58 Years R/o Village Barekel, Thana And Tahsil Pithora, District Mahasamund, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Pithora, District Mahasamund, Chhattisgarh. ---- Respondent With MCRC No. 1106 of 2020 • Nandkumar Thakur S/o. Late Shri Parasram Aged About 35 Years R/o. Barekel, Police Station And Tehsil- Pithora, DistrictMahasamund, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh, Through : Station House OfÏcer Pithora, District- Mahasamund, Chhattisgarh.
---- Respondent For Applicants :
Mr. Vikash Pradhan, Adv. in MCRC No. 975/2020.
Mr. Rishi Sahu, Adv. in MCRC No. 1106/2020.
For Respondent/State :
Ms. Akshara Amit, PL.
Hon'ble Smt. Justice Rajani Dubey Order on Board 12/02/2020
1. As both MCRCs arise out of same crime number, they are being heard and disposed of by this common order.
2. The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in
connection with Crime No. 19/2020 registered at Police Station - Pithora, District - Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.
3. It is the case of the prosecution that, 66.980 bulk liters of illicit liquor was seized by the police from the joint possession of the present applicants and thereby committed the offence.
4. Learned counsels for the applicants submit that the applicants have been falsely implicated in the crime in question. They further submit that as the applicant Ganeshram Sahu in custody since 24.01.2020 and the applicant Nandkumar Thakur in custody since 25.01.202, and the trial is likely to take some time for its final disposal, they may be released on bail.
5. On the other hand, counsel for the State opposes the bail application.
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 66.980 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 24.01.2020 & 25.01.2020, trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicants that they have 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 applications are allowed. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- each, with one surety in the like sum to the satisfaction of the concerned Court for their 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 shall 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 OfÏcer 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 ofÏcer.
• That, the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Rajani Dubey) Judge H.L. Sahu