Akash Pal vs State Of Chhattisgarh

Ramesh Sinha, J

This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2024 registered at Police Station- Excise Circle Takhatpur, District- Bilaspur (C.G.), for the offence punishable under Section 34(1)(a), 34(2) and 59(A) of the Chhattisgarh Excise Act.

Case of the prosecution, in brief, is that, as per secret information received from the informant, that the applicant has kept illicit liquor in his house for sale, on the basis of such information, the police officials went to house of applicant and search the house and pond near the applicant’s house, conducted raid and have seized 45 liters of Desi Plain liquor from the possession of the applicant. Thereafter, the aforesaid offence has been registered against the applicant.

It has been argued by the learned counsel for the applicant that the present applicant has been falsely implicated in this case and no recovery has been made from his exclusive possession. He further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and in the present case, charge-sheet has been filed before the competent Court and there is one previous criminal antecedent of the applicant under the Excise Act of the year 2020, which is still pending and he is in jail since 02.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that there is one previous criminal antecedent of the applicant under the Excise Act of the year 2020 and in the present case, charge-sheet has been filed before the competent Court further, the quantity of liquor seized i.e. 45 liters of Desi Plain liquor. As such the present applicant is not entitled for grant of bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case that there is one previous criminal antecedent of the applicant under the Excise Act of the year 2020, which is still pending and in the present case, charge-sheet has been filed before the competent Court. Further the quantity of liquor seized from the possession of the present applicant i.e. 45 liters of Desi Plain liquor and the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case.

Let the applicant – Akash Pal, involved in Crime No. 129/2024 registered at Police Station- Excise Circle Takhatpur, District-Bilaspur (C.G.), for the offence punishable under Section 34(1)(a), 34(2) and 59(A) of the Chhattisgarh Excise Act, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.