Ravindra Rajput And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.3768 of 2015
1. Ravindra Rajput S/o Shri Ramesh Rajput, aged about 28 years, R/o Naya Mohalla, Hamal Para, Kharsia, P.S. Kharsia, Civil and Revenue District Raigarh (CG)
2. Ganesh Singh Rajput S/o Shri Gendlal Rajput, aged about 58 years, R/o Naya Mohalla, Hamal Para, Kharsia, P.S. Kharsia, Civil and Revenue District Raigarh (CG) ---Applicants
Versus
State of Chhattisgarh, Through-Officer in charge of Police Chowki Kharsia, District Raigarh (CG) ---Non-applicant For Applicants :
Mr. Abhishek Saraf, Advocate For Non-applicant :
Mrs.Madhu Nisha Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/08/2015 1.
This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.294/2015, registered at Police Station-Kharsia, District Raigarh (CG), for the offence punishable under Sections 34(2) and 59A of the C.G. Excise Act.
2.
Case of the prosecution, in brief, is that, 25.93 bulk liters of illicit liquor was seized by the police from the present applicants. 3.
Learned counsel for the applicants seeks permission of this Court to withdraw the bail application filed on behalf applicant No.2 Ganesh Singh
Rajput.
4.
Accordingly, bail application so far as it relates to applicant No.2 Ganesh Singh Rajput is dismissed as withdrawn. 5.
Learned counsel for the applicants submits that applicant No.1 Ravindra Rajput is in custody since 27.6.2015. He further submits that the applicant has not committed any offence and he has been falsely been implicated in the case, and therefore, he may be released on regular bail. 6.
On the other hand, learned counsel for the State opposes the bail application.
7.
I have heard counsel appearing for the parties and perused the case diary.
8.
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, it is apparent that there is no criminal antecedent of the present applicant and only 25.93 bulk liters of illicit liquor has been seized from him which is more than prescribed limit of 5 bulk liters, but looking to the fact that it is first offence of the applicant and he is in custody since 27.6.2015 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.
9.
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 Ravindra Rajput shall be released on bail, subject to following conditions: • 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.
• 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. • That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.
10.
Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) JUDGE B/-