Veer Singh @ Veera v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2134 of 2021 • Veer Singh @ Veera, S/o Jageshwar, Aged About 42 Years, Gram Podi (S) Post Sarwani, Thana Sirgitti, Tahsil Bilha, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through: Excise Circle Belha, DistrictBilaspur, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate For Non-Applicant/State : Dr. Veena Nair, Dy.A.G. Hon'ble Justice Shri Gautam Chourdiya Order on Board 23.03.2021

1) Heard on admission.

2) The application is admitted for hearing.

3) With the consent of the parties, the matter is heard finally.

4) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 04.03.2021 in connection with Crime No.69/2020 registered at Police Station Excise Circle Bilha, DistrictBilaspur. (C.G.) for the offence punishable under Section 34 (2), 59 (d) of C.G. Excise Act.

5) Case of the prosecution, in brief, is that Police Station Excise Circle, Belha received a secret information that the applicant is involved in trade of illicit liquor. On a raid

conducted in his house, total 10 liters of country made liquor and 200 liters raw material (lahan) was recovered. Witnesses present at the place of occurrence informed the raiding team that the illicit liquor belongs to the applicant. As a matter of fact, the applicant was present at the spot, but seeing the raiding team of the Excise Department, he ran away.

6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he further submits that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding the applicant has been arrested on 04.03.2021 and trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

7) On the other hand, learned counsel for the NonApplicant/State opposes the bail application and submits that the applicant has no criminal antecedents.

8) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor was seized from the applicant, considering the quantity of illicit liquor, the detention period of the applicant and the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

9) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of

Rs. 25,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- (a) he 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 from disclosing such fact to the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench. Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim