Gurusharan Singh & ANR. v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6709 of 2019 • Gurusharan Singh & Anr. S/o. Shri Horbhajan Singh Aged About 47 Years R/o. Mamta Ward No. 19, Thana- Kotwali, Tahsil And District- Rajnandgaon Chhattisgarh • Santosh Kumar Verma S/o. Shri Gopalram Verma Aged About 35 Years R/o. Village-Dilapahri Ward No. 14, Tahsil And DistrictRajnandgaon Chhattisgarh ---- Applicants
Versus
• The State Of Chhattisgarh Through The Station House Officer, Police Station- Somni, District- Rajnandgaon Chhattisgarh, ---- Respondent For Applicants : Shri S.S.Baghel, Advocate For Respondent /State : Shri B.L.Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 21/10/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 179/2019 registered at police station Somni, District Rajnandgaon (CG) for the offence punishable under Section 34 (2) of the Excise Act.
As per prosecution case, on 29.09.2019, after receiving information from the informant, the police intercepted and on being search, found 6.480 bulk litres of illicit country made liquor in
possession of the applicants which was being transported in a motorcycle.
Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He submits that the applicants are in jail since 29.9.19 and the trial may take some time for its disposal and therefore they may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
Heard counsel for the parties.
Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants and the fact that as per condition laid down in Section 59-A(ii) of the CG Excise Act 1915 and also the principles of law laid in Banti singh Vs. State of Chhattisgarh (MCRC No. 6846 of 2014), the applicants were found in possession of 6.480 bulk liters of illicit liquor which is more than the prescribed limit of 5 bulk liters, but looking to the fact that the applicants are in custody since 29.09.19, case is triable by Judicial Magistrate First Class, the trial is likely to take some more time and also looking to the gravity of the offence, I am inclined to release thrm on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of each of the applicant's furnishing a personal bond of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned court for their appearance
before it as and when directed, they shall be released on bail subject to the following conditions:
I) 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 the prosecution during trial.
ii) 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 them from disclosing such facts to the Court or to any police officer.
Iii) That the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Rajani Dubey) Judge suguna