Parasram Dhritlahre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2652 of 2017 Parasram Dhritlahre, S/o Kunjal Dhritlahre, aged about 50 years, R/o Village Diggi, P.S. Bhatapara (Gramin), District Baloda BazarBhatapara (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, P.S. Bhatapara (Gramin), District Baloda Bazar-Bhatapara (C.G.) ---- Non-applicant For Applicant:

Mr. S.K. Guha, Advocate.

For Non-applicant:

Mr. Neeraj Jain, Govt. Advocate.

Hon'ble the Vacation Judge Order On Board 30/05/2017

1. Heard on the application under Section 439 of the CrPC for grant of bail.

2. It is submitted that the applicant was arrested in connection with Crime No.127/2017 registered for offence under Section 34 (2) of the Chhattisgarh Excise Act, 1915 at Police Station Bhatapara (Gramin), on 3-4-2017 and was remanded to jail. Meanwhile, the investigation has been completed and charge-sheet has been presented before the trial Court. The applicant has no criminal antecedents. The Court below has rejected the application for grant of bail of the applicant. The trial of the criminal case is likely to take some time. The applicant is willing to abide by all the conditions that may be imposed while granting bail to him. Hence, prayed that the application be allowed.

3. Counsel for the State has opposed the bail application.

4. Perused the case diary of Crime No.127/2017.

5. On 3-4-2017, 63 bulk litres of duty paid country liquor was seized from the possession of the applicant for which he has been arrested and crime has been registered against him.

6. Considering the facts and circumstances of this case, it is a fit case where the applicant should be enlarged on bail. Hence, this application is allowed.

7. 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 cooperate 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. Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Soma