Sachin Banjare vs State Of Chhattisgarh

The applicant has preferred the first bail application under Section 439 of CrPC for grant of regular bail as he is in jail since 16.11.2022 in connection with Crime No. 128 of 2022 registered at Police Station – Excise Circle Bilha, District Bilaspur, (C.G.) for the offence punishable under Sections 34(1-a), 34(2), 59(a) of CG Excise Act.

The case of prosecution in brief, is that on the basis of an information Police has seized 12 bulk liters illicit liquor from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in this case. He further relied upon the orders of this Court passed in MCRC No.6846 of 2014 (Banti Singh Vs. State of CG) decided on 05.01.2015. He submits that applicant is in jail since 16.11.2022, trial is not concluded as yet, there is no antecedents of applicant and the applicant is ready to abide by all terms and conditions imposed by this Court, therefore, he may be released on bail.

On the other hand, learned counsel for the State opposes the bail application and submits that there is no criminal antecedents registered against the applicant.

I have heard learned counsel for the parties and considered their rival submissions.

Considering the totality of the facts and circumstances of the case, looking to the detention period, quantity of liquor seized, there is no antecedents of applicant trial may take some time and also in view of order of this Court, I am inclined to allow this bail application.

Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that the State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future and violate if any of the conditions.

Certified copy as per rules.