Udayram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4617 of 2016 Udayram, S/o Nathuram Sinha, aged about 45 years, R/o Vijaybhata, Police Station Dongargaon, District Rajnandgaon (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police of Police Station Dongargaon, District Rajnandgaon (C.G.) ---- Non-applicant For Applicant:

Mr. B.P. Singh, Advocate.

For Non-applicant:

Mr. Sameer Behar, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/07/2016

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.49/2016, registered at Police Station Dongargaon, Distt. Rajnandgaon, for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act, 1915.

2. This is the second bail application filed on behalf of the applicant for grant of regular bail. His first bail application has been dismissed as withdrawn with liberty to repeat after disposal of criminal case pending against him relating to excise offence, by this Court vide order dated 31-3-2016 passed in M.Cr.C.No.1774/2016.

3. First bail application of the applicant was rejected on account of pendency of criminal case with respect to excise offence which has been disposed of and the applicant has been acquitted of the charge alleged against him by judgment dated 10-6-2016 passed by the

Judicial Magistrate First Class, Rajnandgaon in Criminal Case No.4269/2015.

4. Case of the prosecution, in brief, is that 18 bulk liters of illicit liquor was seized by the police from the present applicant.

5. 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 18-2-2016 and therefore, he may be released on bail.

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

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

8. 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 18 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 since 18-2-2016, 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.

9. 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