Bajrang Gupta @ Bajrang Prasad Gupta v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 3528 OF 2015 Bajrang Gupta @ Bajrang Prasad Gupta, aged about 70 years, R/o Chotekapsi, Thana and Tahsil Pankhanjore, Distt. Uttar Bastar Kanker. ---Applicant

Versus

The State of Chhattisgarh, through Excise Circle Antagarh Distt. U.B. Kanker ---Non-applicant For Applicant :

Mr. Parag Kotecha, Advocate For Non-applicant :

Mr. Vivek Singhal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 05/08/2015 1.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.18/15 registered at Police Station Excise Circle Antagarh, for the offence punishable under Sections 34(1)(a), 34(2) and 59-A, of the Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that 10.050 bulk liters of illicit liquor was seized by the police from the present applicant. 3.

Learned counsel for the applicant submits that earlier two criminal cases has been registered against the present applicant, which has been disposed on 04/03/2008 and on 25/06/2013 and he has been acquitted. He would further submit that he is in custody from 20/06/2015. He would lastly submit that the applicant has falsely been implicated in the case, and therefore, the applicant may be released on bail.

4.

On the other hand, learned counsel for the State would oppose 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 C.G. 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 present case are examined, only 10.050 bulk liters of illicit liquor has been seized from him which is more than prescribed limit of 5 bulk liters and he is in custody from 20/06/2015 and case is triable by the Judicial Magistrate First Class and trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicant that he has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. 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: (i) 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 co-operate the prosecution during trial.

(ii) 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. (iii) That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. 8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari