Shailendra Markande v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 515 of 2016

1. Shailendra Markande, S/o. Shri Gayalal Markande, aged about 27 years, By Caste- Satnami, Occupation- Agriculturist, R/o. VillagePachari, Thana-Patewa, Tahsil - Mahasamund Civil and Revenue District-Mahasamund (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : the S.H.O., P.S. - Pithoura, District - Mahasamund (C.G.) ---- Respondent For Applicant : Mr. Sunil Sahu, Advocate For Respondent/State : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/08/2016 1.

Apprehending arrest in connection with Crime No.58/2016 registered at Police Station- Pithoura, District - Mahasamund (C.G.), for offence punishable under Section 34 (2) of the Chhattisgarh Excise Act, the applicant has preferred this application for grant of anticipatory bail.

2.

Case of the prosecution, in brief, is that on 23.04.2016 one Deepak Tiwari, who is the manager of liquor shop lodged the report that he chased the vehicle bearing No.C.G.07-AN-2347 on apprehension that they are carrying the illicit liquor and while he was being chased, the car was left abandoned at certain distance and inmates of the car fled away and in the car 81 bulk liters of liquor was seized. On further investigation it was found that the vehicle was being driven by Loknath Jangade and the applicant was also copassenger in the vehicle. 3.

Learned counsel for the applicant would submit that the applicant was the member of team, who used to stop the illegal selling of

liquor and the complainant is the manager of Desi liquor shop and has falsely implicated the name of the present applicant to teach him lesson. It is further submitted that neither the applicant was present in the vehicle nor initially he was connected in the alleged crime and total complete and false allegations have been levelled to counter the acts of the applicant, who is the whistle blower and no prima-facie case is made out against the applicant. Therefore, it is prayed that the applicant may be extended the benefit of Section 438 of Cr.P.C.

4.

Per contra, learned State counsel opposes the application for grant of anticipatory bail.

5.

I have heard the learned counsel for the parties. 6.

Perused the original case diary which was sought for. Perusal of the original case diary would reveal that entire investigation was initially carried out by one Deepak Tiwari, who is the manager of the Desi liquor shop and it is alleged that the vehicle was stopped and thereafter, the liquor was recovered. Perusal of the case diary further shows that entire efforts was carried out by the manager of the liquor shop though he was not delegated with such power, the authorities appears to have followed the voice of said Deepak Tiwari, the manager of the liquor shop. It is alleged that the present applicant was also one of the inmates of the vehicle.

Admittedly, the applicant was not apprehended on the spot by the police officer and it is at the behest of the manager of the liquor shop, the name of the applicant appears to have been implicated. Considering the prima-facie documents collected, it appears direct allegation can not be attributed to this applicant.

extend the benefit of anticipatory bail to the applicant, as custodial interrogation of the applicant may not be required in this case. 7.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required;

(ii) that the 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; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram