Keshav Ram Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.4155 of 2016 Keshav Ram Sahu, S/o Shri Ramsingh Sahu, aged about 30 years, R/o Village Parteva, Police Station & Post Office Rajim, District Gariyaband (CG). ---- Applicant
Versus
State of Chhattisgarh, through Station House Officer, Police Station Rajim, District Gariyaband (CG). ---- Non-applicant For Applicant :
Shri Shivendu Pandya, Advocate For Non-applicant :
Shri Sameer Behar, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/07/2016 (1) Heard.
(2) This is the second bail 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.37/2016 registered at Police Station Rajim, District Gariyaband, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. (3) The first bail application of the applicant was dismissed as withdrawn with liberty to repeat the same after disposal of three criminal cases relating to excise offence by order of this Court dated 30.03.2016 passed in M.Cr.C. No.1421 of 2016. (4) Case of the prosecution, in brief, is that 19.530 bulk liters of illicit liquor was seized by the police from the present applicant.
(5) Learned counsel appearing for the applicant submits that three criminal cases registered against the applicant relating to Excise offence, he has been acquitted by the jurisdictional criminal court and, thus, it is a first offence registered against the applicant. He further submits that applicant has falsely been implicated in the case and therefore, the applicant may be released on bail. (6) On the other hand, learned counsel appearing for the State 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 59-A(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 only 19.530 bulk liters of 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, which is apparent from the order dated 30.01.2015 & 20.06.2016 passed by the jurisdictional criminal court in Criminal Case No.232/2014 & Criminal Case No.685/2015, respectively, by which applicant has been acquitted of the offence relating the excise offence and he is in custody from 02.02.
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 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 co-operate 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.
(10) Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) Judge L/-