Narottam Gond & ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1297 of 2020
1. Narottam Gond & Anr. S/o Milau Ram Gond Aged About 27 Years R/o Village Mudipar, Police Station Gatapar, Tahsil - Khairagarh, District Rajnandgaon, Chhattisgarh
2. Dinesh Vishwakarma S/o Panchuram Vishwakarma Aged About 34 Years R/o Village Jujhara, Police Station Mohgaon, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Gatapar, District Rajnandgaon, Chhattisgarh ---- Respondent For Applicants : Shri Abhishek Sharma, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 26/02/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 04/2020 registered at police station Gatapar, district Rajnandgaon (CG) for the offence punishable under Section 34 (2) of the Excise Act.
Prosecution case is that after receiving secret information that the appicants are carrying liquor towards village Sandongari, the police party intercepted and seized 17.280 bulk litres (8.640 litres each) of illicit liquor from the possession of applicants.
Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He submits that the applicants are in jail since 25.01.2020 and the trial may take some time for its disposal and therefore they be released on bail.
On the other hand, learned counsel 3for the State opposes the bail application.
Heard counsel for the parties.
Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants and the fact that as per condition laid down in Section 59-A(ii) of the CG Excise Act 1915 and also the principles of law laid in Banti singh Vs. State of Chhattisgarh (MCRC No. 6846 of 2014), the applicants were found in possession of 17.280 bulk liters of illicit liquor which is more than the prescribed limit of 5 bulk liters, but looking to the fact that the applicants are in custody since 25.01.2020, case is triable by Judicial Magistrate First Class, the trial is likely to take some more time and also looking to the gravity of the offence, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicants' furnishing a personal bond of Rs. 50,000/- with one surety each in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail subject to the following conditions:
I) 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.
ii) 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. iii) That the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Rajani Dubey) Judge suguna