Komeshwar Prasad Sonwani vs State Of Chhattisgarh

This bail application is filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 11/2022 registered at Police Station Palari, District- Balodabazar-Bhatapara C.G. for the offence punishable under Section 307 of the I.P.C., Section 4 of the Prevention of Damage to Public Property Act and Sections 34(2), 36, 59(क), 41, 42 of the C.G. Excise Act.

Learned counsel for the applicants would submit that he does not want to press this bail application in respect of applicant No.1 Komeshwar Prasad Sonwani.

In view of the above submission made, this bail application is dismissed as withdrawn in respect of applicant No.1 Komeshwar Prasad Sonwani only.

Heard this bail application in respect of applicant No.2 Shah Azeem and applicant No.3 Sunil Kumar.

Prosecution story, in brief, is that on 05.01.2022, based on information received from the informer, the Police of Police Station Palari, District Balodabazar-Bhatapara, tried to stop the Alto car bearing registration No. CG 07 M 0653 from which applicants were traveling but applicants did not stop and ran away by damaging the barricades and they also tried to crash the Police officials. After being stopped, the car of the applicants, 90 bulk litre of Goa whisky, English liquour was seized from the joint possession of applicants No.2 and 3 and co-accused Komeshwar Prasad Sonwani. Based on the above facts, present crime was registered against the applicants at Police Station Palari, District- Balodabazar-Bhatapara.

Learned counsel for the applicants would argue that the applicant No.2 Shah Azeem and applicant No.3 Sunil Kumar are innocent and have been falsely implicated. He would further submit that applicant No.1 was driving the car and applicant No.2 & applicant No.3 were only sitting in the car and not carrying the alleged liquor. He would also submit that this is the first crime registered against the applicants No.2 and 3. It is further submitted that no injury has been caused to any of the Police personnel or any other person by the applicants and Section 307 of the I.P.C. has been framed only because they did not stop the car. It is further submitted that charge-sheet has already been filed, therefore, they may be released on bail.

On the other hand, learned State counsel opposes the bail application. He would submit that as per the case diary, there are four previous criminal antecedents of the applicant No.1 Komeshwar Prasad Sonwani, who was driving the car, at the time of incident and no previous criminal antecedent of the applicant No.2 Shah Azeem and applicant No.3 Sunil Kumar.

I have heard learned counsel for the parties, perused the case diary and material available on record.

Considering the facts and circumstances of the case; nature & gravity of the offence, particularly, considering the fact that applicant No.2 Shah Azeem and applicant No.3 Sunil Kumar are in custody since 05.01.2022 and charge sheet has already been filed, I am inclined to enlarge the applicant No.2 and applicant No. 3 on bail.

Accordingly, the present bail application is allowed in respect of applicant No.2 Shah Azeem and applicant No.3 Sunil Kumar only. It is directed that on each of the applicants' furnishing one personal bond for a sum of Rs. 25,000/- along with one solvent surety in the like sum to the satisfaction of the concerned trial Court for their appearance before the concerned Court as and when directed by the said Court, they shall be released on bail.

Certified copy as per rules.