Ravi Tilwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7535 of 2021 • Ravi Tilwani S/o Leelaram Tilwani Aged About 45 Years R/o 427, Sundar Nagar, Millenium Chowk, Police Station D.D. Nagar, Raipur District Raipur Chhattisgarh Mobile 7898510794. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Excise Circle, Civil Line, Raipur, District Raipur Chhattisgarh.

---- Respondent ---------------------------------------------------------------------------------------------- For Applicant : Ms. Ankita Shriwas, Advocate on behalf of Shri Kishore Narayan, Advocate For respondent/State : Smt. Seema Dixit, Panel Lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board 24.11.2021.

1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 13.9.2021 in connection with Crime No.26/2021 registered at Excise Circle, Civil Line, Raipur Distt. Raipur (C.G.), for the offence punishable under Sections 34(1)A, 34(2), 59(A), 36 of the Chhattisgarh Excise Act.

2.

Allegation against the applicant is that he was found in illegal possession of 51.84 bulk liters of foreign liquor. 3.

Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 13.9.2021, co-accused has already been granted bail by coordinate Bench of this Court on 02.9.2021 in MCRC No.6669 of 2021, hence, he may be released on bail. 4.

On the other hand, learned counsel for the State would vehemently oppose the bail application stating that, as per the case diary, there is one criminal antecedent registered against the applicant, hence, he is not liable to be released on bail.

5.

I have heard learned counsel for the parties, perused the case diary and the material available on record. 6.

Considering the entire facts and circumstances of the case, quantity of liquor seized from the possession of the applicant and also for the fact that the applicant is in jail since 13.9.2021 and coaccused has already been released on bail by coordinate Bench of this Court, I am inclined to release the applicant on bail. Therefore, the application under Section 439 of the CrPC is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.

1,00,000/- each to the satisfaction of he concerned trial Court, he shall be released on bail on he following conditions:- (i) he 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 from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) he shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority, (v) he shall not involve himself in any offence of similar nature in future.

7.

Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. Certified copy as per rules.

Sd/- (N.K. Chandravanshi) JUDGE Bini