Karan Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.

No.

of 201 Karan Soni, S/o Puntu Soni, aged about 33 years, R/o Village Binaika, Police Station Masturi, Chowki Malhar, District Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through: Chowki Malhar, Police Station Masturi, District Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. S.K. Verma, Advocate. For Non-applicant/State : Mr. Aditya Sharma, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board / 1 2 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 478/2017 registered at Police Station Chowki Malhar, P.S. Masturi, District Bilaspur (C.G.) for the offences punishable under Sections 34(1)(A), 34(2) & 59(A) of the Chhattisgarh Excise Act, 1915.

(2) Case of the prosecution, in brief, is that 20.700 bulk liters of illicit liquor was seized by the police from the present applicant. (3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question as he has not committed any offence. He further submits that the as the applicant is in custody

since 01.11.2017 and the trial is likely to take some time for its final disposal, he may be released on bail.

(4) On the other hand, learned counsel for the State 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 20.700 bulk liters of illicit liquor has been seized from him which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicant is in custody since 01.11.

2017, case is triable by the Judicial Magistrate First Class, trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicant that he has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicant 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 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: • 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 with the investigation/trial.

• 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. • That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-