Dhal Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1172 of 2020 • Dhal Singh S/o Jeevan Vishwakarma Aged About 23 Years Caste Lohar, R/o Village Mohara, Ward No. 10, Out Post Mohara, Tehsil Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through The Out Post Mohara, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant :
Mr. S.S. Baghel, Advocate.
For Respondent :
Mr. B.L. Sahu, P.L.
Hon'ble Smt. Justice Rajani Dubey Order on Board 26.02.2020 The accused/applicant has moved this First Bail Application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 55/2020 registered at Police Station - O. P. Mohara, P.S. Dongargarh (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. It is the case of the prosecution that, 180.00 bulk liters of illicit liquor was seized by the police from the custody of applicant and thereby committed the offence.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that as the applicant is in custody since 30.01.2020 and the trial is likely to take some time for its final disposal, he may be released on bail.
On the other hand, counsel for the State opposes the bail application.
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 180.00 bulk liters of illicit liquor has been seized from the applicant which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicant is in custody since 30.01.2020, trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicant that he has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.
Accordingly, the application is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 1,00,000/- with one local surety in the like sum to the satisfaction of the concerned Court 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 make himself available for interrogation before the concerned
Investigating OfÏcer as and when required and the accused/applicant 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/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Vijay Sahu