Chattisgarh High CourtYuvraj @ Santosh Patail vs State Of Chhattisgarh on 12 May, 2021Author:Rajani DubeyBench:Rajani Dubey1\n\n                                                                     NAFR\n          HIGH COURT OF CHHATTISGARH, BILASPUR\n                        MCRC No. 2241 of 2021\n       Yuvraj @ Santosh Patail S/o Puranlal, aged 32 years, R/o\n        village Chaple, Tehsil Kharsia District Raigarh (C.G.)\n                                                            ---- Applicant\n                                  Versus\n     State Of Chhattisgarh Through : Police Station Kharsia,\n      District Raigarh (C.G.)\n                                                        ---- RespondentFor Applicant              :      Mr. Sanjay Agrawal, Advocate.\nFor Respondent/State       :      Mr. Rakesh Sahu, Dy. G.A.\n\n\n                  Hon'ble Smt Justice Rajani Dubey\n                               Order on Board\n12/05/2021\n\n\nProceeding through video conferencing.\n\n       The accused/applicant has moved this bail application underSection 439of the Code of Criminal Procedure for releasing\n\n        him on regular bail during trial in connection with Crime\n\n        No.128/2021 registered at Police Station Kharsia, District\n\n        Raigarh (C.G.) for the offence punishable underSections 34\n\n        (2)and59 (A)of the C.G. Excise Act, 1915.\n\n       It is the case of the prosecution that 15.000 bulk liters of illicit\n\n        country made liquor was seized by the police from the\n\n        custody of applicant and thereby committed the offence.\n\n       Learned counsel for the applicant submits that the applicant\n\n        has been falsely implicated in the crime in question.            He\n\n        further submits that as the applicant is in custody since\n\n        07.03.2021 and the trial is likely to take some time for its\n\n        final disposal, he may be released on bail.2   On the other hand, counsel for the State opposes the bail\n\n    application.   Taking into consideration the condition incorporated inSection 59-A(ii)of the C.G. Excise Act, 1915, and bearing in\n\n    mind the principles of law laid down inBanti Singh v. State\n\n    of Chhattisgarh (M.Cr.C. No.6846of 2014), decided on\n\n    05.01.2015), if the facts of present case are examined, it is\n\n    apparent that only 15.000 bulk liters of illicit liquor has been\n\n    seized from him which is more than prescribed limit of 5 bulk\n\n    liters, but looking to the fact that the applicant is in custody\n\n    since 07.03.2021, case is triable by the Judicial Magistrate\n\n    First Class, trial is likely to take some more time and further\n\n    taking into account the nature and gravity of offence and\n\n    plea raised by the applicant that he has falsely been\n\n    implicated in case, I am of the opinion that present is the fit\n\n    case, in which, the applicant should be enlarged on regular\n\n    bail.   Accordingly, the application is allowed. It is directed that on\n\n    furnishing a personal bond in the sum of Rs.1,00,000/- with\n\n    one surety in the like sum to the satisfaction of the\n\n    concerned Court for his appearance as and when directed,\n\n    the applicant shall be released on bail, subject to following\n\n    conditions: That, the applicant shall furnish a specific, undertaking\n            that while on bail, he will not commit any excise\n            offence, otherwise bail granted to him shall be liable to\n            be cancelled and shall co-operate the prosecution\n            during trial.    That,   the     accused/applicant   shall   make   himself3available   for   interrogation    before   the        concerned\n              Investigating Officer as and when required and the\n              accused/applicant shall not, directly or indirectly, make\n              any inducement, threat or promise to any person\n              acquainted with the facts of the case so as to dissuade\n              him/her from disclosing such facts to the Court or to\n              any police officer.    That, the accused/applicant shall not act, in any\n               manner,    which     will   be   prejudicial    to     fair   and\n               expeditious trial.       I.A.No.02/2021, for hearing during summer vacation\n\n      stands disposed of.Certified copy, as per rules.Sd/-(Rajani Dubey)\n                                                      Vacation Judge\n\nPKD