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Janak Lal Nishad vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 8 June 2023 · Citation: (2023) 06 CHH CK 0019

HON’BLE JUDGES
Deepak Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Chhattisgarh Excise Act, 1915 — Section 34(1)(a)(f), 34(2), 59A
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 3802 Of 2023
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Judgment

11 paragraphs · 391 words
1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No. 14/2023 registered at Police Station – Excise Circle, Dallirajhara, District – Balod, Chhattisgarh for the offence punishable under Section 34(1)(a)(f), 34(2), 59A of the C.G. Excise Act.

2.

Allegation against the Applicant is that he was found in illegal possession of 10 bulk liter Mahua Liquor and 20 KG raw Mahua.

3.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question and further submits that he is in jail since 16.05.2023 and conclusion of trial would take some more time and therefore, he may be released on bail.

4.

Per contra, learned counsel for the State opposes the submission, however, submits that there is no criminal past.

5.

Having considering the submissions of learned counsel for the parties and also the fact that there is no criminal past, quantity seized, the detention period of the Applicant, there is no likelihood of the Applicant tampering with the prosecution evidence or absconding and conclusion of trial may take some time, I am inclined to grant bail.

6.

Accordingly, the application is allowed. It is directed that in the even of Applicant’s executing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions :-

(a) he 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 from disclosing such fact to the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) the Applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) he shall not involved himself in any offence of similar nature in future.