Laxmi Narayan Sahu And Ors vs State Of Chhattisgarh

Rajani Dubey, J

Heard on admission.

Admit.

The accused/applicants have moved this First Bail Application under Section 439 of the Code of Criminal Procedure for releasing them on regular

bail during trial in connection with Crime No. 217/2021 registered at Police Station - Arang, District Raipur (C.G.) for the offence punishable under

Section 34(2) of the C.G. Excise Act. It is the case of the prosecution that, 40.02 bulk liters of illicit liquor was seized by the police from the

custody of applicants and thereby committed the offence.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question. He further submits that as the

applicants are in custody since 30.04.2021 and the trial is likely to take some time for its final disposal, they may be released on bail. On the other

hand, counsel for the State opposes the bail application.

Taking into consideration the condition incorporated in Section 59-A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid

down in Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014), decided on 05.01.2015), if the facts of present case are examined, it is

apparent that only 40.02 bulk liters of illicit liquor has been seized from the applicants which is more than prescribed limit of 5 bulk liters, but looking to

the fact that the applicant is in custody since 30.04.2021 trial is likely to take some more time and further taking into account the nature and gravity of

offence and plea raised by the applicant that they have falsely been implicated in case, I am of the opinion that present is the fit case, in which, the

applicants should be enlarged on regular bail.

Accordingly, the application is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the

like sum to the satisfaction of the concerned Court for their appearance as and when directed, the applicants shall be released on bail, subject to

following conditions:

That, the applicants shall furnish a specific, undertaking that while on bail, they will not commit any excise offence, otherwise bail granted to them

shall be liable to be cancelled and shall co-operate the prosecution during trial.

That, the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required and

the accused/applicants 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/her from disclosing such facts to the Court or to any police officer.

That, the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial.