Santoshi Kenwat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3180 of 2021 • Santoshi Kenwat W/o Chhabi Kenwat, Aged About 32 Years R/o Village Jharna, Police Station Nagrada, District Janjgir Champa Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Nagrada, District Janjgir Champa Chhattisgarh ---- Respondent For Applicant : Shri Yogeshwar Sharma, Advocate For Respondent /State : Ms. Sunita Jain, GA Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 31/05/2021 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as she is in custody in connection with Crime No. 33/2021 registered at police station Nagrada, district Janjgir-Champa (CG) for the offence punishable under Section 34 (2) of the CG Excise Act. As per prosecution case, on 19.04.2021, after receiving secret information, the police raided and seized 20 bulk liters of country made liquor 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 19.04.2021 and the trial may take some time for its disposal and therefore she 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 20 bulk liters of illicit country made liquor which is more than the prescribed limit of 5 bulk liters, but looking to the fact that the applicant is in custody since 19.04.2021, 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 her on regular bail. Accordingly, her 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. 50,000/- with one surety in the like sum to the satisfaction of the concerned court for her appearance before it as and when directed, she 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) Vacation Judge suguna