Aanand Kerketta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5132 of 2015 1.

Aanand Kerketta aged about 24 years S/o Fransis Kerketta 2.

Deepak aged about 27 years S/o Pardeshi Meshram Both of them are R/o Katulboad P.S. Mohan Nagar, Durg, Civil and Revenue District Durg (CG) ---Applicants

Versus

State of Chhattisgarh through P.S. Dongargarh, District Rajnandgaon (CG) ---Non-applicant For Applicants :

Mr. Rakesh Thakur, Advocate For Non-applicant :

Mr. Vivek Singhal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/09/2015 1.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No.384/2015, registered at Police Station Dongargarh, District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that 9 bulk liters of illicit liquor was seized by the police from the applicants. 3.

Learned counsel for the applicants submits that applicants have been acquitted in the earlier criminal case registered against them and they have falsely been implicated in this case, and therefore, they may be released on bail.

4.

On the other hand, learned counsel for the State/non-applicant

opposes the bail application.

5.

I have heard the counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the condition incorporated in Section 59A(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 9 bulk liters of illicit liquor has been seized from them which is more than prescribed limit of 5 bulk liters, but looking to the fact that they are in custody from 31/08/2015 and case is triable by the Judicial Magistrate First Class and trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicants that they have falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that each of the applicants i.e. Aanand Kerketta and Deepak, furnishes a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Court for their appearance as and when directed, the applicants shall be released on bail, subject to following conditions:- • 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 cooperate the prosecution during trial. • 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 him/her from disclosing such facts to the Court or to any police officer.

• That, the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. 8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari