Ashwani Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1347 of 2016 Ashwani Kumar, S/o Murari Yadav, aged about 20 years, Caste Yadav, R/o Village Sakri, Police Station Mandir Hasaud, Tahsil Arang, Civil and Revenue Distt. Raipur (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through the Police Station Mandir Hasud, Civil and Revenue Distt. Raipur (C.G.) ---- Non-applicant For Applicant:

Ms. Sareena Khan, Advocate.

For Non-applicant:

Ms. Suvigya Awasthi, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.29/2015, registered at Police Station Mandir Hasaud, Distt. Raipur, for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act, 1915.

2. Case of the prosecution, in brief, is that 32.400 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant has not committed any offence, he has falsely been implicated in the case, he is in custody since 28-1-2016 and therefore, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the condition incorporated in Section 59A(ii) of the Chhattisgarh 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 the present case are examined, it is apparent that only 32.400 bulk liters of illicit liquor has been seized from the applicant which is more than the prescribed limit of 5 bulk liters, but looking to the fact that it is the first offence of the applicant and he is in custody from 28-1-2016, the 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 the plea raised by the applicant that he has falsely been implicated in the case, I am of the opinion that present is a fit case in which the applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of the CrPC 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 concerned Court for his appearance as and when directed, the applicant shall be released on bail, subject to following conditions:

1. 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 cooperate the prosecution during trial.

2. That, the accused/applicant shall make himself available for interrogation before the concerned Investigating Officer 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 officer.

3. That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Sanjay K. Agrawal) Judge Soma