Dhal Singh @ Dhalu And Another v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.6456 of 2017 Narendra Kumar Vema S/o Feru Ram, aged about 33 years, R/o Basantpur, Out Post-Mohara, Thana-Dongargarh, Distt-Rajnandgaon (CG) ---Applicant
Versus
State of Chhattisgarh through-Out Post-Mohara, Thana-Dongargarh, Distt-Rajnandgaon (CG) ---Non-applicant And M.Cr.C.No.6459 of 2017
1. Dhal Singh @ Dhalu Son of Jeevan Vishwakarma, aged about 20 years, Resident of Mohara, O.P. Mohara, P.S. Dongargarh, District Rajnandgaon (CG)
2. Deepak @ Guddan Khutel, son of Hemdas, aged about 21 years, Resident of Mohara, O.P. Mohara, P.S. Dongargarh, District Rajnandgaon (CG) ---Applicants
Versus
State of Chhattisgarh through O.P. Mohara, P.S. Dongargarh, District Rajnandgaon (CG) ---Non-applicant For Applicant :
Mr.Samir Singh, Advocate in M.Cr.C.No.6456 of 2017 For Applicants :
Mr.S.S.Baghel, Advocate in M.Cr.C.No.6459 of 2017 For Non-applicant :
Mr. Dhiraj Wankhede, G.A.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/11/2017
1.
Since the aforesaid two bail applications are arising out of the same crime number i.e. Crime No.327/2017, they are heard together and are being disposed of by this common order. 2.
These are the First Bail Applications 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.327 of 2017, registered at Out Post-Mohara, Police Station-Dongargarh, District-Rajnandgaon (CG), for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.
3.
Case of the prosecution, in brief, is that, 18 bulk liters of illicit liquor was seized by the police from the present applicants. 4.
Learned counsel for the applicants submits that the applicants have not committed any offence and they have falsely been implicated in crime in question. They are in custody since 29/30.9.2017. 5.
On the other hand, learned counsel for the State opposes the bail application.
6.
I have heard counsel appearing for the parties and perused the case diary.
7.
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, only 18 bulk liters of illicit liquor has been seized from
the applicants, which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicants are in custody since 29/30.9.2017, 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 this case, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail. 8.
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/- each with one surety in the like sum 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 co-operate with investigation/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. 9.
Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) JUDGE B/-