Anil Kumar Bharti v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1715 of 2020 • Anil Kumar Bharti S/o Late Nehru Lal Bharti Aged About 20 Years R/o Village Jarway, Sanskritik Bhawan, Ward No. 2, P.S. Bhilai-3, District Durg (C.G.) ---- Applicant
Versus
• State Of Chhattisgarh Through- The District Magistrate, Bilaspur, District Bilaspur, C.G.
---- Respondent For Applicant : Shri Lav Kumar Ramteke, Advocate For Respondent/State : Shri V.K.Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 12/03/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 427/2020 registered at police station Ratanpur, district Bilaspur (CG) for the offence punishable under Sections 34 (2) and 59 (A) of the CG Excise Act. As per prosecution case, on 23.02.2020, after receiving secret information, the police raided and seized 500 bulk liters of Goa Whiskey from the possession of the applicant. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He submits that the applicant is in jail since 26.10.2019; charge sheet has been
filed and the trial may take some time for its disposal and therefore he be released on bail.
On the other hand, learned counsel for 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 applicant 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 applicant was found in possession of 500 bulk liters of illicit Goa Whiskey which is more than the prescribed limit of 5 bulk liters, but looking to the fact that the applicant is in custody since 26.10.2019, 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 him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant's furnishing a personal bond of Rs. 2,00,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail subject to the following conditions:
I) That the applicant shall furnish a specific undertaking that while on bail, he/she will not commit any excise offence, otherwise bail granted to him/her shall be liable to be cancelled and shall co-operate the prosecution during trial.
ii) that the accused/applicant shall make himself/herself 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.
iii) That the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Rajani Dubey) Judge suguna