Farsuram Jiraam And Another v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3211 of 2021 • Farsuram Jiraam S/o Sahdev Aged About 27 Years R/o Mangdukachora, P.S. Kotwali Jagdalpur, Bastar (Chhattisgarh), • Abhilash Kashyap S/o Sadhuram Aged About 30 Years R/o Mangdukachora, P.S. Kotwali Jagdalpur, Bastar (Chhattisgarh), ---- Applicants
Versus
• State Of Chhattisgarh Through Officer-In-Charge, Police Station - Nagarnaar, District Jagdalpur-Bastar (Chhattisgarh) ---- Respondent For Applicants : Shri Ishaan Verma, Advocate For Respondent/State : Shri Vikram Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 02/06/2021 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 84/2021 registered at police station Nagarnar, district Jagdalpur-Bastar(CG) for the offence punishable under Section 34 (2) of the CG Excise Act. As per prosecution case, on search being conducted, the police raided and seized 19.35 bulk liters of foreign liquor from the possession of the applicants.
Counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the crime in question. He submits that the applicants are in jail since 26.04.2021 and the trial may take some time for its disposal and therefore they 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 applicants 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 19.35 bulk liters of illicit foreign liquor which is more than the prescribed limit of 5 bulk liters, but looking to the fact that the applicant is in custody since 26.04.2021, 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 them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicants' furnishing a personal bond of Rs. 50,000/- with one surety each in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail subject to the following conditions:
I) That the applicants shall furnish a specific undertaking that while on bail, they will not commit any excise offence, otherwise bail granted to them shall be liable to be cancelled and shall co-operate the prosecution during trial.
ii) that the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required and the accused/applicants 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 them from disclosing such facts to the Court or to any police officer.
iii) That the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Rajani Dubey) Vacation Judge suguna