Om Prakash vs State Of Chhattisgarh

@JUDGMENT-JUDGMENT

Proceedings of this matter have been taken up through video conferencing.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with

Crime No. 113/2020, registered at Police Station-Pandaria, District Kabirdham (CG), for the offence punishable under Section 34(2) of the

Chhattisgarh Excise Act.

Case of the prosecution, in brief, is that, 8.070 bulk liters of illicit liquor was seized by the police from the present applicant.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has falsely been implicated in crime in question.

He is in custody since 25/06/2020.

On the other hand, learned counsel for the State opposes the bail application.

I have heard learned counsel appearing for the parties.

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 2015(2) C.G.L.J. 341, if the facts of present case are examined, it is apparent 1 that there is no criminal

antecedent of the present applicant and only 8.070 bulk liters of illicit liquor has been seized from him which is more than prescribed limit of 5 bulk

liters, but looking to the fact that it is the first offence of the applicant and he is in custody since 25/06/2020 and case is triable by the Judicial

Magistrate First Class and 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 he has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on

regular bail.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of

Rs.25,000/-with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the applicant shall be

released on bail, subject to following conditions:

(i) That, the applicant shall furnish a specific undertaking that while on bail, he will not commit any excise offence, otherwise bail granted to him shall

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

(ii) That, the accused/applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required and the

accused/applicant 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.

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

It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by

the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23/03/2020 in the matter of In Re : Contagion

of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished

shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be

required to furnish bail bonds.

Certified copy as per rules.