Chattisgarh High CourtRamsingh vs State Of Chhattisgarh on 1 November, 2021Author:Rajani DubeyBench:Rajani Dubey1\n\n                                                                  NAFR\n       HIGH COURT OF CHHATTISGARH, BILASPUR\n\n                    MCRC No. 8147 of 2021\n     Ramsingh, S/o Babulal Gond, Aged About 36 Years, R/o-\n      Baloda, Police Station - Gidhouri, District - Balodabazar-\n      Bhatapara Chhattisgarh.\n                                                        ---- Applicant\n                                Versus\n     State of Chhattisgarh, Through The Police Station\n      Gidhouri - Tundra, District Balodabazar Bhatapara\n      Chhattisgarh.\n                                                     ---- RespondentFor Applicant            :      Ms. Supriya Upasane, Advocate.\nFor Respondent           :      Ms. Ishwari Ghritlahre, P.L.\n\n\n             Hon'ble Smt. Justice Rajani Dubey\n                             Order on Board\n01/11/2021\n\n\n     The   accused/applicant          has   moved     this   first   bail\n\n      application underSection 439of the Code of Criminal\n\n      Procedure for releasing him on regular bail during trial in\n\n      connection with Crime No. 131/2021 registered at Police\n\n      Station - Gidhouri - Tundra, District- Balodabazar-\n\n      Bhatapara (C.G.) for the offence punishable underSection 34 (2)of the C.G. Excise Act.     It is the case of the prosecution that, on 02.10.2021, on\n\n      the   basis   of   secret    information,      police   personnel\n\n      conducted the raid and seized total 40 bulk liters of illicit\n\n      liquor from the custody of applicant and thereby\n\n      committed the offence.2     Learned counsel for the applicant submits that the\n\n      applicant has been falsely implicated in the crime in\n\n      question.   She further submits that the applicant is in\n\n      custody since 02.10.2021 and the trial is likely to take\n\n      some time for its final disposal, he may be released on\n\n      bail.     On the other hand, counsel for the State opposes the\n\n      bail application.     Taking into consideration the condition incorporated inSection 59-A(ii)of the C.G. Excise Act, 1915, and bearing\n\n      in mind the principles of law laid down inBanti Singh\n\n      v. State of Chhattisgarh (M.Cr.C. No.6846of 2014),\n\n      decided on 05.01.2015), if the facts of present case are\n\n      examined, it is apparent that only 40 bulk liters of illicit\n\n      liquor has been seized from him which is more than\n\n      prescribed limit of 5 bulk liters, but looking to the fact\n\n      that the applicant is in custody since 02.10.2021, trial is\n\n      likely to take some more time and further taking into\n\n      account the nature and gravity of offence and plea\n\n      raised by the applicant that he has falsely been\n\n      implicated in case, I am of the opinion that present is the\n\n      fit case, in which, the applicant should be enlarged on\n\n      regular bail. Accordingly, the application is allowed. It is directed that\n\n      on furnishing a personal bond in the sum of Rs. 50,000/-,3with one local surety in the like sum to the satisfaction of\n\n      the concerned Court for his appearance as and when\n\n      directed, the applicant shall be released on the following\n\n      conditions: That,    the   applicant   shall   furnish   a   specific,\n             undertaking that while on bail, he shall not commit\n             any excise offence, otherwise bail granted to him\n             shall be liable to be cancelled and shall co-operate\n             the prosecution during trial.\n            That, the accused/applicant shall make himself\n             available for interrogation before the concerned\n             Investigating Officer as and when required and the\n             accused/applicant shall not, directly or indirectly,\n             make any inducement, threat or promise to any\n             person acquainted with the facts of the case so as\n             to dissuade him/her from disclosing such facts to\n             the Court or to any police officer.\n            That, the accused/applicant shall not act, in any\n             manner, which will be prejudicial to fair and\n             expeditious trial.Sd/-(Rajani Dubey)\n                                                     Judge\n\n\n\n\nR/-